These lawyers are at the forefront who protect people who were racially discriminated against. For years, we have still been battling with racial discrimination, not just in Australia, but all over the world. Racism occurs anywhere from a public park to the workplace. It even happens online. So, we tend to ask ourselves, "How can racial discrimination lawyers help us?"
Racial discrimination lawyers are the legal professionals who help clients who have been racially discriminated. Even with such lawyers, some people continue even if they are aware of the consequences. This is why we are here to outline a person's rights if they are being racially discriminated against.
Any of us should know the basics of discrimination law, and we should be aware that it's an offence to discriminate against someone because of their race. At the end of the day, no race is above another.
| Important Terms 1. Bias is an inclination or preference for or against something that typically leads to partiality. When this bias results in unfair treatment, it becomes discrimination. 2. Discrimination is the active, behavioural result of prejudice. It involves the unjust treatment of individuals or groups based on their age, gender, race, ethnicity, religion, or other characteristics. This commonly occurs at the individual level or is built into institutions and social structures, favouring some groups while limiting opportunities for others. 3. Racism is a specific form of prejudice and discrimination. It involves negative feelings, harmful stereotypes, and unfair treatment toward people based on their race. Sometimes, racism can escalate to violence. |
Is Racism Rampant in Australia?
Before we discuss what racial discrimination lawyers do, we must find out if racism is rampant in Australia.
Unfortunately, Australia still has some issues with racism. In a recent survey, Amnesty International's Human Rights Barometer states that 46% of respondents believed that Australia was a successful multicultural society. However, the remaining 55% of the respondents believed that there was still a problem with racism.
As we can see, more than half of the respondents believed there was still racism in Australia. We don't need higher or lower numbers to prove that racism is still rampant. Just these numbers alone mean that we need to raise awareness of racism and seek help from racial discrimination lawyers.
What Is the Racial Discrimination Act 1975?
The Racial Discrimination Act is the law that governs anti-discriminatory provisions in Australia. This Act promotes equality and protects people from discrimination regardless of their race, colour, descent or national or ethnic origin.
Section 9 of the Act states that it is against the law for anyone to take an action that makes a distinction, excludes, restricts, or gives a preference based on a person's race, colour, ancestry, or national or ethnic background.
To prove racial discrimination, a person must prove that the discrimination prevented them from enjoying their human rights and fundamental freedoms equally with everyone else in public life.
In employment law matters, the Act also states that employers, recruiters, employment agencies, and unions cannot treat employees or job seekers less favourably because of their race, colour, or national//ethnic origin. This is stated in Section 15 of the Act.
The Fair Work Act Also Has Anti-Discrimination Laws!
Section 351 of the Fair Work Act 2009 can also protect racially discriminated people. The Act explicitly says that employers cannot take negative action against current or prospective employees (casual employees, probationary employees, apprentices, trainees, short-term employees) because of their race, among other factors.
You can use all of these laws to back up your claims with your racial discrimination lawyers.
What Are Some Forms of Racial Discrimination?
Note: In this part, we will focus more on how racial discrimination happens in workplaces.
Racial discrimination can take many forms, such as workplace discrimination. You may have seen, heard, or noticed some of them, but shrugged them off because it was too obscure or vague.
Now is the time to be informed about such racial discrimination in employment matters, so you can work easily with racial discrimination lawyers.
- Creating an English-only policy in the workplace that creates a language barrier.
- Posting job advertisements that prefer one race over another.
- Refusing to employ or promote someone because they would not 'fit in' with their colleagues.
- Making unfair job terms or rules, such as "no wearing of headwear in the workplace", which targets people who wear headwear as a part of their culture.
- Terminating an employee because of their race.
- Using racial slurs or "code names" to bully someone or discriminate against their race at work.
- Making assumptions about a person's abilities, character, or culture based on their race (stereotyping).
- Companies that identify as a "racially diverse company" but lack employees who represent diverse racial backgrounds.
- Turning down an employee's racial discrimination complaints
- Lying to employment discrimination lawyers about true claims of workplace discrimination
- Biased performance reviews that lead to lower ratings for minority employees
Who Can Help File a Workplace Discrimination Claim?
Your workplace's HR department should be the first person you can reach out to. To file a discrimination complaint, you should gather evidence. Document the incident, and request one of your workmates to be a witness, so you can report properly to your HR or supervisor.
If all else fails, then and only then should you consult with racial discrimination lawyers to work with the Fair Work Commission (FWC) or the International Relations Commission (IRC).
Depending on your type of employment, you can seek help from the IRC or FWC. If you work in the public sector, then you can seek help from IRC lawyers. On the other hand, employees who work in the private sector can approach FWC lawyers. Regardless of your type of employment, IRC lawyers or FWC lawyers can help you file a racial discrimination claim.
All types of employers and employment relationships are covered under the Racial Discrimination Act. So, the Act still covers Commonwealth and state government employees, private sector employees, and contract workers.
So, How Can Racial Discrimination Lawyers Help Me?
Racial discrimination lawyers are here to help you assert your rights as a person and as an employee. They can also help with unlawful discrimination (direct discrimination or indirect discrimination), sexual harassment, disability discrimination, and unlawful termination matters.
However, they cannot just magically make a case for you. As a client, you need to provide information that can help them make a discrimination claim for you. So, it is important to document incidents of discrimination, when they happened, and any witnesses.
They can also help clients negotiate out-of-court agreements through conciliation or civil litigation, which will involve negotiations between the disputed parties.
Do You Need Employment Discrimination Lawyers?
Employment or workplace discrimination lawyers are here for employees who think they were treated unfairly because of their race. We understand that racism is still prevalent in most parts of the world, and it's disheartening to know that Australia is part of it.
Also, discriminatory treatment doesn't just involve racial hatred. Sometimes, people get discriminated against because of their sexual orientation, religion, or their domestic or marital status. We at JB Solicitors recognise these and help prevent racial discrimination little by little. Our expertise goes a long way, and we can act as IRC lawyers or FWC lawyers for any workplace discrimination claim you have.
Let our racial discrimination lawyers help you file a claim against unruly and racist employers.
Contact us today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
