I have been feeling terrible at work lately as I feel some of my colleagues have been picking on me. I have noticed that some of the colleagues have been standing in one corner and talking in hushed voices in my presence and have been pointing and making snide comments about my skin colour. How can I show that I am being discriminated against in the workplace?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lisa Wulfsohn, Malvern 3144 VIC
- You must be able to show the following:
- the discrimination occurred at work which can include events such as interviews and work functions;
- you have been treated unfairly or differently from other people that do not have your protected characteristic; and
- the treatment is linked to your protected characteristic.
- Conduct such as harassment and bullying because of the colour of your skin is likely to fit clearly within the definition of discrimination.
- It is advisable to discuss what has occurred with your manager to see if the issue can be resolved at work. If this is unsuccessful you can lodge a complaint with the Australian Human Rights Commission.