About Job Discrimination Law in New Zealand:
Job discrimination occurs when an employer treats an employee unfairly or differently due to certain characteristics, such as race, gender, disability, age, sexual orientation, or religion. In New Zealand, job discrimination is illegal under the Human Rights Act 1993 and the Employment Relations Act 2000. These laws protect employees from discrimination in hiring, promotions, pay, and other terms and conditions of employment.
Why You May Need a Lawyer:
You may need a lawyer if you believe you have been discriminated against at work based on your protected characteristics. A lawyer can help you understand your rights, gather evidence to support your claim, negotiate with your employer, and if necessary, represent you in court. They can also assist with filing a complaint with the Human Rights Commission or the Employment Relations Authority.
Local Laws Overview:
In New Zealand, the Human Rights Act 1993 prohibits discrimination on the grounds of race, gender, age, marital status, religious belief, ethical belief, color, ethnic or national origin, disability, political opinion, employment status, family status, sexual orientation, or gender identity. The Employment Relations Act 2000 also prohibits discrimination in the workplace based on any of these characteristics. Employers are required to provide a workplace that is free from discrimination and harassment.
Frequently Asked Questions:
1. What should I do if I believe I have been discriminated against at work?
If you believe you have been discriminated against at work, you should document the incidents, speak to a lawyer, and consider filing a complaint with the Human Rights Commission or the Employment Relations Authority.
2. How can I prove that I have been discriminated against?
You can prove discrimination by providing evidence of differential treatment based on a protected characteristic, such as emails, memos, witness statements, or other documentation.
3. Can my employer fire me for filing a discrimination complaint?
No. It is illegal for an employer to retaliate against an employee for exercising their rights under the Human Rights Act or the Employment Relations Act.
4. What remedies are available if I am successful in proving discrimination?
If you are successful in proving discrimination, you may be entitled to compensation for damages, reinstatement, an apology, or changes to workplace policies.
5. Can I file a discrimination complaint anonymously?
No. In order to file a discrimination complaint, you must provide your name and contact information.
6. How long do I have to file a discrimination complaint?
You generally have 12 months from the date of the discriminatory act to file a complaint with the Human Rights Commission or the Employment Relations Authority.
7. Can I settle a discrimination claim out of court?
Yes, you can settle a discrimination claim out of court through negotiation or mediation. It is recommended to consult with a lawyer before agreeing to any settlement terms.
8. What should I look for in a lawyer for a job discrimination case?
You should look for a lawyer who specializes in employment law and has experience handling discrimination cases. It is also important to find a lawyer who is compassionate, understanding, and willing to advocate on your behalf.
9. How much will it cost to hire a lawyer for a job discrimination case?
The cost of hiring a lawyer for a job discrimination case can vary depending on the complexity of the case and the lawyer's fees. Some lawyers offer free consultations or work on a contingency fee basis, meaning they only get paid if you win your case.
10. Can I represent myself in a job discrimination case?
Yes, you can represent yourself in a job discrimination case, but it is recommended to seek legal advice to ensure the best possible outcome for your case.
Additional Resources:
- Human Rights Commission: www.hrc.co.nz
- Employment Relations Authority: www.era.govt.nz
Next Steps:
If you believe you have been discriminated against at work, it is important to seek legal advice as soon as possible. Contact a lawyer specializing in employment law to discuss your rights and options for pursuing a discrimination claim. Remember to document any incidents of discrimination and gather evidence to support your case. With the right legal support, you can fight against discrimination in the workplace and seek justice for any harm caused.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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