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Human Rights and Discrimination in Employment

Human Rights and Discrimination in Employment. This session will cover…. This session will cover…. Human Rights Act Discrimination Harassment Dispute resolution The Human Rights Commission . Human rights act (1993). 1. how to get a job. Human Rights Act (1993).

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Human Rights and Discrimination in Employment

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  1. Human Rights and Discrimination in Employment

  2. This session will cover… This session will cover… • Human Rights Act • Discrimination • Harassment • Dispute resolution • The Human Rights Commission

  3. Human rights act (1993) 1. how to get a job Human Rights Act (1993) • Protects New Zealanders from unlawful discrimination in a number of areas of public life • What is public life? • In public life, it is unlawful to treat anyone differently (with some exceptions)

  4. “Grounds” for discrimination 1. how to get a job “Grounds” for discrimination • Discrimination is illegal on these grounds: • Gender • Sexual Orientation • Family Status • Marital Status • Colour • Nationality or country of origin • Race • Ethical belief/religion • Political opinion • Employment status • Age • Disability

  5. Indirect discrimination 4. Saying No! to Sexual Discrimination 2. how to keep a job Indirect discrimination • When an action or policy appears to treat everyone in the same way, but actually has a discriminatory effect • Example: A shop requires customers to climb stairs to enter it. This indirectly discriminates against someone in a wheelchair.

  6. “unlawful” discrimination 4. Saying No! to Sexual Discrimination 2. how to keep a job “Unlawful” discrimination • Not all discrimination is unlawful • Unlawful discrimination: • Ground • + area • + disadvantage • + absence of exception or justification • = unlawful discrimination • Major exceptions: • affirmative action schemes • government or public sector activities that are “justifiable in a free and democratic society” • Human Rights Commission info line 0800 496 877 or www.hrc.co.nz

  7. In the employment context: 4. Saying No! to Sexual Discrimination 2. how to keep a job In the employment context: • Likely scenarios include: • Job Ads • Interviews • Job Offers • Raises / Promotions • Dismissals

  8. Racial harassment 2. how to keep a job 2. how to keep a job 2. Dealing with Pregnancy & Parenthood Racial Harassment • When employers, managers, co-workers or clients: • Are directly or indirectly hostile, ridicule or show contempt based on race, colour, ethnicity or nationality • Say things, shows things or do things that are hurtful or offensive, and this effects job performance or job satisfaction. • Someone does not have to say that the behaviour is hurtful or offensive at the time in order to be able to pursue a grievance

  9. Sexual harassment 4. Saying No! to Sexual Discrimination 2. how to keep a job Sexual Harassment • Sexual Harassment • Doing, saying or showing you something of a sexual nature • which you do not like … • which happens more than once • or is so bad it affects you in the long-term

  10. Resolving disputes: Two options 4. Saying No! to Sexual Discrimination 2. how to keep a job Resolving Disputes • If you have been discriminated against, or harassed, you can either: • raise a Personal Grievance OR • lodge a complaint with the Human Rights Commission • Human Rights Commission (HRC): • Freephone: 0800 496 877 • Fax: 09 375 8611 • Email: infoline@hrc.co.nz • www.hrc.co.nz

  11. Human rights commission 4. Saying No! to Sexual Discrimination 2. how to keep a job Human Rights Commission (HRC) • Process: • Information Advisors • Mediation • Possible outcomes: • An apology • promising not to discriminate in the future • doing an education programme • paying you compensation • Not satisfied? • Office of Human Rights Proceedings (OHRP) • Human Rights Review Tribunal

  12. Human rights review tribunal 4. Saying No! to Sexual Discrimination 2. how to keep a job Human Rights Review Tribunal • The Tribunal can: • make an order stopping the other party from continuing or repeating the conduct you’re complaining about • award damages (money) for financial • award damages for the loss of any benefit (monetary or otherwise) • award damages for humiliation, loss of dignity, and injury to feelings • order the other party to do particular things to put right any loss or damage • make a declaration that a contract entered into or performed in breach of the Act is an illegal contract

  13. Electing a forum

  14. Any pātai (questions)? The End! 1. how to get a job The End!

  15. THANK YOU

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