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Speaking to your employer about discrimination

Find out how to can speak to your employer about discrimination if someone at work is treating you badly for an unlawful reason.

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If you think that someone at work is treating you badly for a reason that is against the law (such as your race, religion, sex, disability, age or pregnancy), or if you are being sexually harassed, then you should think about speaking to your employer or manager.

You should feel safe wherever you work.

However, sometimes things happen in workplaces, so if you think that someone at work is treating you badly you should think about speaking to your employer or manager.

Some things are against the law and these should definitely be reported.

This includes discrimination or harassment because of a protected characteristic, such as race, religion, sex, disability, age or pregnancy. It also includes if you are being sexually harassed.

If this is your experience, please read this website and consider your options.

If you have any questions, or would like further information or advice about your situation, please contact our service for free, confidential advice. We will help you understand your options, so you can choose what to do next.

Before you speak to your employer

  • Think about talking directly with the person involved if it is safe and appropriate to do so.
  • Find out if your employer has a formal complaint or dispute policy and read the first steps in that policy.
  • If you’re a member of a union, consider speaking to them.

What to expect from your employer

Your employer should provide you with a workplace which is safe and does not put your health at risk in any way. This means that your employer must respond meaningfully to complaints about bullying, harassment or other risks to health and safety in the workplace.

Your employer must comply with anti-discrimination laws. Your employer can be held responsible if any people you work with treat you unfairly. This means that your employer should:

  • take discrimination complaints seriously
  • take action to stop the behaviour.

You may not have control over what your employer does to resolve the problem once you have raised it. However, because your employer has to provide a safe work environment, they may decide to investigate the complaint even if you don’t want them to.

Speaking to your employer

Tell your employer:

  • what happened
  • how it has made you feel
  • what you would like your employer to do to fix it.

Ask your employer if you can have a support person to be at any meetings. Ideally this person will not be someone who also works with you.

Changes to your workspace because of a disability

If you need changes to be made to your workspace because of a disability, or changes to your work hours because of parental/carer duties, then:

  • It is best to speak with your doctor about what changes you need and how long they will be needed. You could ask your doctor to write a letter to your employer about the changes you need. Your employer may also ask that you be seen by an independent doctor of their choice.
  • You should then tell your employer what you need and why. Explain how it is possible to keep doing your job with these changes. Look into whether there are any policies. Look into whether there are any policies of your employer or industry that may support your needs and mention these.

You should also consider writing a letter or email to your employer setting out all these details so that you have a record of what you have told your employer.

If you have been injured or you are unwell

Sometimes you might need some time off work because of the discrimination. If so, tell your employer as soon as possible.

If you’re unwell, your workplace might require you to get a medical certificate. It is best to give your employer your certificate within 24 hours of taking leave.

You may also want to get professional psychological help, or advice on workers compensation if the event has affected your mental health such as depression or anxiety. It is best to seek workers compensation within 30 days of the work-related injury or illness occurring.

Keep copies of all medical records and reports about any injuries, as well as the receipts for medical costs.

Keep notes of what happens

Keep notes of all incidents and conversations, including who said what, who was present at the time, and who witnessed what occurred. This could be in a diary. It is best if these notes are made as close to the event as possible, and signed and dated.

Discrimination via email, text messages or social media posts

If you have received emails, text messages or social media posts with discriminatory material, keep copies as evidence for your complaint. You may wish to screenshot any relevant texts or posts.

Make sure that you tell your employer if you receive messages that may breach workplace policies (for example offensive material of a sexual nature).

If you are treated badly for speaking up

It is against the law for your employer or anyone else to treat you badly or unfairly because:

  • you have made a complaint about discrimination, or
  • they think that you may make a complaint.

If this happens, you may also be able to claim:

If your employer ends your employment, or stops giving you work, please seek legal advice quickly. Some legal claims relating to dismissal have strict time limits, and must be made within 21 days.

What if my complaint is not resolved?

You should seek legal advice immediately if:

  • Your employer isn’t properly investigating your complaint or isn’t taking steps to fix it.
  • The discrimination or sexual harassment hasn’t stopped or you are being treated unfairly since reporting it.
  • You’re considering resigning (quitting your job) because of the discrimination or sexual harassment. You can take sick leave if you are too unwell or too stressed to keep going to work while you get advice and consider your options.
  • You lose your job.

Make a complaint

If you think you have been discriminated against in an area that is covered by anti-discrimination laws you can make a complaint with the relevant commission.

Keep in mind that some complaints must be made within 21 days, so it is important to get legal advice as soon as possible after the discrimination occurs.

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