Racial Harassment

Get Legal Advice As An Employer Defending A Racial Harassment Claim

What Is Racial Harassment?

Behaviour that humiliates, offends, or disadvantages a worker based on race, colour, nationality, or ethnicity.

Why Employers Must Investigate

– Legal requirement: ERA 2000 and Human Rights Act prohibit racial harassment. – Good faith duty: Must respond constructively and fairly to complaints. – Business integrity: Failure to address racism harms workplace culture and reputation.

How to Investigate (Procedural Fairness)

1. Acknowledge complaint — take it seriously. 2. Notify alleged offender — give them a fair chance to respond. 3. Gather evidence — witness statements, messages, documents. 4. Assess objectively — balance of probabilities standard. 5. Take action — from mediation to disciplinary outcomes.

Test of Justification

Would a fair employer have treated the complaint seriously and acted to protect the employee? Racial harassment must be addressed immediately. Silence or inaction equals liability.

participants at a sexual harassment meeting

Understanding and Responding to Racial Harassment in the Workplace.

Racial Harassment Is a Scourge In The Workplace. Racial harassment occurs when an employee is subjected to offensive jokes, comments, slurs, exclusion, or behaviour that humiliates, intimidates, or disadvantages them because of their race, colour, nationality, or ethnicity.

The employer must take every racial harassment complaint seriously, no matter how small it may seem. Ignoring or downplaying it creates huge risks, including personal grievances, Human Rights Commission complaints, and costly legal proceedings.

When a complaint is made Acknowledge it immediately and thank the employee for raising it. To ensure the complainants safety separate them from the alleged perpetrator until the matter is investigated. Offer support such as HR, a support person, or employee assistance.

From there, employers must carry out a fair and prompt investigation. This involves taking detailed statements, hearing from both parties, interviewing witnesses, and reviewing evidence. The process should be well-documented and impartial and carried out according in good faith according to s103A principles in the Employment Relations Act 2000.

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Our Case Process

Detailed Planning

We start by establishing the facts, identifying the issue and explaining the legal bits so we can get started on solving your employment problem. We want you to have peace of mind from the beginning of your journey with us.

Consultation

Next, we discuss your expectations and any risks we think you are facing, evaluate all evidence and prepare an action plan so you get the best outcomes. We prepare you for what’s to come and what you can expect.

Settlement

In the last part of our process, we prepare you for attending any meetings and complete the outcome as cleanly and as quickly as we can. We strive to protect our clients and get you the best results.

Experiencing racial harassment can be deeply distressing for employees. Employers can support staff by listening carefully to their complaint and showing empathy.

Assuring them their concerns will be taken seriously and addressed fairly is helpful. Providing access to counselling or EAP services is a bonus for the

If racial harassment is proven, appropriate action must follow — from training or mediation to formal disciplinary measures, depending on severity. Employers should also reassure the employee that action has been taken and steps are in place to prevent it happening again.

Racial harassment is never “just a joke.” Employers have both a legal duty and a moral responsibility to eliminate it from the workplace. By acting quickly and compassionately, you protect your employees, your business, and your reputation.

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Sexual Harassment Resources

Sexual Harassment
What Is Sexual Harassment?

Sexual Harassment is a type of harassment that involves implicit or explicit unwanted sexual tones. It is defined in the Human Rights Act 1993 and the Employment Relations Act 2000. It states that it is unlawful for any person to:

– Make a request to another person for sexual intercourse, sexual contact, or any other form of sexual activity which:

Contains an implied or overt promise of preferential treatment or

A threat of detrimental treatment or

Is unwelcome or offensive to that person or

Is repeated or

Of such a significant nature that it has a detrimental effect on that person

When a person complains of sexual harassment, no notice of their sexual experience or sexual reputation can be taken into consideration.

Examples Of Sexual Harassment:

Sexual harassment can include a wide range of activities, some more subtle than others:

Sexual comments

Sexual jokes

Implied threats

Actual threats

Any unwelcome touching

Being followed home by a co-worker

Being constantly asked to go on dates or hang out outside of work hours

Sexually offensive images

Intrusive questions about your sex life

How Do I Deal With Sexual Harassment?

If you receive a report on sexual harassment, it is best to contact us, and we can let you know what steps to take so that you can protect everyone involved. However, an overview of the process is:

1. Take all sexual harassment reports seriously

2. Act promptly

Deal with reports as soon as possible after you receive them

3. Clearly communicate the process and follow it as soon as possible

Ensure you tell everyone involved what the process is

If there are delays, make sure to communicate this too

4. Protect ALL parties involved

This includes both parties, witnesses, and support people

Also offer to support them – is there counselling they can access
or any other help services they can talk too?

5. Make sure it is confidential

Ensure people only know things on a need to know basis

6. Be respectful and fair

Ensure the decision maker is unbiased

Make decisions on the facts and not emotions

Let everyone know the decisions you came too

7. Document everything

Ensure you document all the information you have. This includes notes from meetings, witnesses’ recollection, explanations from people involved.

Store all the information in a safe place

It is also important to remember that emotions are high as sexual assault can affect people in unusual ways, so be kind and patient.

How To Prevent Sexual Harassment?

There are various things you can do to try and prevent sexual assault in the workplace. Ensure you have:

1. A good workplace policy around sexual harassment and the process that will occur if an allegation is made. This will give you an easy roadmap to follow if an allegation appears. Ensure the policy outlines:

Ways people can report sexual harassment

What to expect after they have reported it

2. A clause in the employees individual employment agreement sexual harassment and referring to the company policies surrounding it

3. Foster a positive workplace culture that does not tolerate sexual harassment

Have a code of conduct that describes expected behaviours as well what unacceptable behaviours are

Have and promote core business values

Promote good working relationships

Promote diversity

Set up a conflict management process

Set up a good process for people to report sexual harassment

Ensure workers know they will be protected and supported if they report sexual harassment

4. Educate workers around sexual harassment

Provide education around topics such as consent, what sexual harassment is, how to identify it, what the sexual harassment policy states and how to report it if it is happening to them or someone else

Ensure your workplace induction for new employees discusses sexual harassment and relevant policies and procedures

You can put posters up around the workplace to remind employees about what is not tolerated

Train workers around what to do if sexual harassment is disclosed to them

Train managers to call out the behaviour early before it escalates

5. Lead by example and treat all staff and situations professionally

Get Legal Advice if You Have A Sexual Harassment Claim.

You don’t have to go through this challenging time alone. Our legal team will guide you through the process of raising a harassment claim and change your life for the better.

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021 242 3200

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Racial Harassment

Get Legal Advice As An Employer Defending A Racial Harassment Claim

What Is Racial Harassment?

Why Employers Must Investigate

How to Investigate (Procedural Fairness)

Test of Justification

Understanding and Responding to Racial Harassment in the Workplace.

Our Case Process

Detailed Planning

Consultation

Settlement

Experiencing racial harassment can be deeply distressing for employees. Employers can support staff by listening carefully to their complaint and showing empathy.

Sexual Harassment Resources

What Is Sexual Harassment?

Examples Of Sexual Harassment:

How Do I Deal With Sexual Harassment?

How To Prevent Sexual Harassment?

Get Legal Advice if You Have A Sexual Harassment Claim.

Call Us
021 242 3200

Employer Legal Services

Employee Legal Services

Articles

Summary Of ERA Determinations: Week of 5–11 October 2026

Summary Of ERA Determinations: Week of 28–4 October 2026

Summary Of ERA Determinations: Week of 21–27 September 2026

Summary Of ERA Determinations: Week of 14–20 September 2026

Racial Harassment

Get Legal Advice As An Employer Defending A Racial Harassment Claim

What Is Racial Harassment?

Why Employers Must Investigate

How to Investigate (Procedural Fairness)

Test of Justification

Understanding and Responding to Racial Harassment in the Workplace.

Our Case Process

Detailed Planning

Consultation

Settlement

Experiencing racial harassment can be deeply distressing for employees. Employers can support staff by listening carefully to their complaint and showing empathy.

Sexual Harassment Resources

What Is Sexual Harassment?

Examples Of Sexual Harassment:

How Do I Deal With Sexual Harassment?

How To Prevent Sexual Harassment?

Get Legal Advice if You Have A Sexual Harassment Claim.

Call Us021 242 3200

Employer Legal Services

Employee Legal Services

Articles

Summary Of ERA Determinations: Week of 5–11 October 2026

Summary Of ERA Determinations: Week of 28–4 October 2026

Summary Of ERA Determinations: Week of 21–27 September 2026

Summary Of ERA Determinations: Week of 14–20 September 2026

Call Us
021 242 3200