Am I Being Discriminated Against At Work?

It is reasonable to expect to be treated fairly at work. You should always be judged on your skills, your work, and how you behave, not because of who you are.  But discrimination in the workplace still happens across New Zealand. Sometimes it is obvious. Other times it is subtle and difficult to prove. Many employees are left wondering whether what they are experiencing is unfair treatment, poor management, or unlawful discrimination.  If you feel like you are being treated differently at work, it is important to understand your rights and recognise the warning signs early.

What Is Workplace Discrimination?

Workplace discrimination happens when an employee is treated unfairly because of a personal characteristic protected by law.  In New Zealand, both the Human Rights Act 1993 and the Employment Relations Act 2000 protect employees from discrimination at work. This includes discrimination based on:

• sex or gender,

• pregnancy,

• marital status,

• religious belief,

• ethical belief,

• colour,

• race,

• ethnic or national origins,

• disability,

• age,

• political opinion,

• employment status,

• family status, and

• sexual orientation.

Discrimination can happen during recruitment, while you are employed, during promotions, in disciplinary processes, through pay decisions, during restructuring, and/or when employment ends.  Importantly, discrimination is not always loud or aggressive. Sometimes it appears as repeated unfair treatment that slowly affects your confidence, career progression, or mental health.

What Are The Different Types of Workplace Discrimination?

Direct Discrimination

Direct discrimination is the easiest type to identify.  This happens when someone treats you differently because of a protected characteristic.  Examples include:

• refusing to hire someone because they are pregnant,

• paying a woman less than a man for similar work,

• making racist comments toward an employee,

• refusing flexible work because of someone’s family responsibilities, or

• overlooking an older employee for promotion because they are considered 'too old.'

  
  

Sometimes employers openly say discriminatory things. More often, the discrimination is hidden behind excuses or vague explanations, for example 'We want someone younger and more energetic for the role.' Even if age is not directly mentioned, the meaning may still be clear.

Indirect Discrimination

Indirect discrimination is more subtle.  This happens when a workplace rule or policy applies to everyone equally but unfairly disadvantages a particular group.  Examples include:

• requiring all staff to work late nights when this disproportionately affects parents or caregivers,

• enforcing dress rules that conflict with religious beliefs,

• requiring unnecessary physical tasks that disadvantage disabled workers, or

• setting promotion requirements that unfairly exclude part-time employees.

Indirect discrimination can be difficult to spot because the policy may look neutral on the surface.

Harassment and Bullying Linked to Discrimination

Discrimination often overlaps with workplace bullying or harassment. This can include:

• racist jokes,

• sexual comments,

• mocking someone’s accent,

• repeated comments about age,

• offensive messages,

• excluding someone socially because of religion or ethnicity, or

• treating LGBTQ+ employees differently.

A single comment may not always amount to discrimination. However, repeated behaviour or conduct that creates a hostile work environment may breach employment law.  Employers also have obligations to provide a safe workplace under health and safety laws.

Pregnancy and Family Status Discrimination

Pregnancy discrimination remains common in workplaces.  Some employees experience:

• reduced hours after announcing pregnancy,

• pressure not to take parental leave,

• being excluded from opportunities,

• negative comments about childcare responsibilities, or

• unfair treatment after returning from leave.

Family status discrimination can also affect fathers, caregivers, and employees with dependent children.  An employer cannot legally punish you because you have family responsibilities.

Disability Discrimination

Employees with physical or mental health conditions are also protected.  Disability discrimination may involve:

• refusing reasonable workplace accommodations,

• mocking health conditions,

• excluding someone because of mental illness,

• refusing modified duties without proper consideration, or

• assuming someone cannot perform a role because of disability.

  
  

Employers are generally expected to make reasonable accommodations where possible.

How Can You Tell if You Are Being Discriminated Against?

Many employees doubt themselves when discrimination occurs.  You may wonder if you are overreacting, if it is actually just normal workplace behaviour, or maybe no one will believe you. Discrimination often becomes clearer when you step back and look for patterns.  Some warning signs include:

You Are Treated Differently Than Others

Ask yourself:

• Are other employees treated better in similar situations?

• Are workplace rules enforced differently against you?

• Are you being excluded from opportunities others receive?

  
  

For example are you being disciplined for behaviour others get away with, consistently missing promotions despite strong performance, being excluded from meetings or training, or receiving harsher criticism than coworkers.

Colleagues Make Comments About Your Personal Characteristics

Discrimination often reveals itself through comments about your age, gender, ethnicity, appearance, religion, accent, family situation, or disability. Even jokes can become unlawful if they create a hostile or humiliating environment. If comments make you uncomfortable repeatedly, trust your instincts.

You Encounter Sudden Negative Treatment After Disclosure

Sometimes discrimination begins after an employee discloses something personal, such as pregnancy,

a disability, mental health concerns, religious beliefs, or sexual orientation. If treatment suddenly changes afterward, it may be a red flag.  Examples might include:

• reduced shifts for no reason,

• exclusion from projects,

• micromanagement,

• disciplinary action, or

• pressure to resign.

You Experience Unfair Hiring or Promotion Decisions

Discrimination can affect career progression.  Warning signs include vague negative feedback on your work, being repeatedly overlooked despite qualifications, less experienced employees being promoted ahead of you, or comments suggesting you do not fit the culture. Sometimes discriminatory decisions are disguised as business decisions.

What Should You Do if You Think You Are Being Discriminated Against?

If you believe discrimination is happening, taking early action is important.

Keep Detailed Records

Documentation is often critical.  Keep records of emails, text messages, meeting notes, performance reviews, offensive comments, dates and times of incidents, and names of witnesses. Write events down while they are fresh in your memory.  A detailed timeline can become powerful evidence later.

Review Workplace Policies

Check discrimination policies, bullying and harassment policies, grievance procedures, and codes of conduct.  Many employers have internal complaint processes that should be followed first.

Raise Concerns Internally

In some cases, issues can be resolved early by speaking with your manager, HR, a union representative, or another senior staff member.  However, this depends on the circumstances.  If the person discriminating against you is senior management, seeking legal advice first may be safer.

Seek Legal Advice

Many employees wait too long before getting advice.  An employment advocate can help you understand whether discrimination may have occurred, assess your evidence, explain your legal options, and avoid mistakes that may weaken your position.  Early advice can also help protect your mental health and reduce stress during workplace disputes.

Under New Zealand law, employees may raise a personal grievance for discrimination.  There are strict time limits.  In most cases, a grievance must be raised within 90 days of the discriminatory action or event.  Possible outcomes may include compensation, reimbursement of lost wages, reinstatement, or negotiated settlements.

FAQs 

Can my employer fire me for raising discrimination concerns?

No. Employers cannot lawfully retaliate against employees for raising genuine concerns about discrimination.  If adverse action occurs after you complain, this may create additional legal claims.

What if I do not have proof?

Many employees worry they do not have enough evidence.  Even if you do not have direct proof, evidence can still include:

• witness accounts,

• patterns of behaviour,

• emails,

• meeting records, or

• inconsistencies in how rules are applied.

Legal advice can help assess whether your concerns may still amount to discrimination.

Is bullying the same as discrimination?

Not always.  Bullying becomes discrimination when it is linked to a protected characteristic such as race, gender, disability, or age.  Some workplace bullying may still breach employment law even if discrimination is not involved.

Can subtle discrimination still be unlawful?

Yes. Discrimination is not always obvious.  Repeated exclusion, unfair treatment, or biased decision-making can still breach employment law even without openly offensive comments.

What compensation can employees receive?

This depends on the circumstances.  Potential remedies may include:

• compensation for humiliation and distress,

• lost wages,

• reimbursement of financial losses, and

• reinstatement in some cases.

Many disputes also resolve through confidential settlement agreements.

Do I need to resign before taking action?

No.  In most cases, employees should seek advice before resigning.  Resigning too early can sometimes weaken legal options or create unnecessary financial pressure.

Workplace discrimination can be difficult to recognise, especially when it develops gradually over time.  If something feels wrong, it is worth paying attention to the patterns. Employees are entitled to be treated fairly and with respect, regardless of their background, gender, age, religion, disability, or personal circumstances.  The earlier concerns are identified and documented, the stronger your position is likely to be.  Most importantly, you do not have to navigate these situations alone. Understanding your rights is often the first step toward protecting them.

If you believe you are being discriminated against at work, get in touch for a free consultation today. MathewsWalker.co.nz | 0800 612 355

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