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What is racial discrimination? Racial discrimination means that someone treats you unfairly or unfavourably, or harasses you, because of your:
The ACT Discrimination Act 1991 (the Act) makes racial discrimination unlawful in many areas of public life. Public life includes work, education, the provision of goods, services, facilities, housing, access to buildings, shops, parks and transport. "I had worked for my employer for several years, but was never promoted, or even sent on training courses. I think I was overlooked because the Selection Criteria were discriminatory against Indigenous people." Treating you unfairly because of your accent or language (attributes of race) is also unlawful. Asking for information about your ethnic or racial background, may be unlawful, if the purpose is to discriminate against you. You might experience unlawful racial discrimination, for example, when you want to rent a house; apply for a job or for a bank loan; or when you want to use a bus or a taxi. "It's really difficult for me to get a taxi. Often the drivers just don't stop for someone, if they think he or she looks Aboriginal." Discrimination can be direct or indirect Direct discrimination means that someone treats you unfairly or unequally, because of your race. For example, if a real estate agent will not rent you a house, or if you are refused service in a bar, because of your Aboriginality or Torres Strait Islander descent, it would be direct racial discrimination. Racial harassment is a form of direct discrimination, and can include circulating e-mails at work; making racist comments; telling racist jokes; or mocking your indigenous culture or the way you speak. "I was working in the public sector, and one of my co-workers would often make snide remarks about Aboriginal people in front of me and other colleagues. I felt so humiliated, it made me want to quit my job." Indirect discrimination means a requirement or rule that seems to be neutral (or the same for everyone), but in fact, disadvantages people because of their race. For example, if an employer has a 'last in, first out' rule for redundancies, and Indigenous people have only recently been able to get jobs there, this rule could amount to indirect race discrimination. However, if a requirement or rule is reasonable, it may be lawful. Victimisation It is unlawful for anyone to victimise you for making or supporting a discrimination complaint. The Act protects your right to make a complaint, or to provide information to the Human Rights Office. It also protects other people involved in the matter on your behalf, for example, as witnesses or advocates. Racial vilification Racial vilification is against the law. Racial vilification means to say or do anything publicly that could incite others to hatred, serious contempt or severe ridicule against you because of your race. Examples of public acts that could be racial vilification include:
What can I do if I think I have been discriminated against? You can make a complaint to the ACT Human Rights Office. We investigate, to see if your case has substance, and, if so, help you resolve your complaints of discrimination or vilification. We are impartial in this process. This means we cannot take sides. Where possible, we help you and the person or Organisation you have made the complaint against to conciliate. This means trying to reach written agreements to resolve the complaint. Some examples of how we have helped to resolve workplace race discrimination complaints are:
The ACT Human Rights Act 2004, recognises the special significance of human rights for indigenous people, and recognises the right to equality and non-discrimination. The Human Rights Office informs and educates the ACT community about their rights and responsibilities, under discrimination law and human rights law. "I applied for a flat advertised in the paper. They told me I was the only Applicant, but my Application was unsuccessful. The following week, I saw the same flat readvertised. I applied a second time, but again was unsuccessful. I think it was because they realised I am Aboriginal." Do you want help? We can help you, by giving you more information about unlawful discrimination, or how to make a complaint. Please contact us at: ACT Human Rights Office Telephone: (02) 62070576 Fax: (02) 62070587 TTY: (02) 62070525 Postal Address: GPO Box 158 Canberra City ACT 2601 Email: human.rights@act.gov.au Website: www.hro.act.gov.au TIS: 131 450 (Translating and Interpreting Service) We can also refer you to community legal services that provide free advice and assistance. Resources: Human Rights and Equal Opportunity Commission (HREOC): Website: www.humanrights.gov.au Good Practice, Good Business: Eliminating discrimination and harassment in the workplace, HREOC Voices of Australia - 30 years of the Racial Discrimination Act: 1975 - 2005, HREOC, 2005 ACT Government: Facing up to Racism: a strategic plan addressing racism and unfair discrimination 2004-2008, Chief Ministers Department, 2004 ****************************** This Community Support Website is |
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ACT Human Rights Office Have you been treated unfairly? Information for Indigenous People on Race Discrimination and Your Rights |
