Racial Discrimination
It is unlawful to treat you less favourably at work because of your race, colour, descent, or national or ethnic origin, or to racially abuse or harass you. The Fair Work Act, the Racial Discrimination Act and the WA Equal Opportunity Act all protect you.
Racism at work can be open, such as slurs and jokes, or hidden in decisions about who is hired, promoted, rostered or let go. Either way, the law gives you ways to act, and your employer can be responsible for what your co-workers and managers do.
What Is Racial Discrimination?
Under the Racial Discrimination Act 1975 (Cth), it is unlawful for an employer to refuse to employ you, to offer you worse terms, conditions, training or promotion, or to dismiss you, because of your race, colour or national or ethnic origin, or that of a relative or associate (s 15). Race need not be the main reason, as long as it is one of them (s 18B).
Section 18C of the Racial Discrimination Act makes it unlawful to do an act, otherwise than in private, that is reasonably likely to offend, insult, humiliate or intimidate someone because of their race, colour or national or ethnic origin. Racial abuse in a workplace can fall within it.
Under section 351 of the Fair Work Act 2009 (Cth), an employer must not take adverse action against an employee or prospective employee because of their race, colour or national extraction.
The WA Equal Opportunity Act 1984 (WA) prohibits race discrimination in work (Part III) and makes racial harassment in employment unlawful in its own right (s 49A).
Indirect racial discrimination occurs when an employer imposes a condition, rule or practice that is the same for everyone but disadvantages people of a particular race, colour, descent, or national or ethnic origin, and is not reasonable in the circumstances.
Is It Racial Discrimination If I Am Denied A Promotion Because Of My Race?
In the context of employment, racial discrimination may take the form of being refused employment, dismissal or termination, denial of a promotion, transfer, or employment benefits, being given less favourable terms or conditions of employment, denial of equal access to training opportunities, selection for redundancy or harassment.
Is It Racial Discrimination If My Co-workers Use A Racial Slur To Refer To Me?
Yes, the most common form of racial discrimination is verbal abuse or racial slurs.
What If My Employer Fails To Investigate My Racial Discrimination Complaint?
An employer that ignores a complaint of racial abuse is exposed. Under the Racial Discrimination Act, an employer is liable for unlawful acts done by its employees and agents in connection with their work unless it establishes that it took all reasonable steps to prevent them (ss 18A, 18E). Failing to investigate, or to act on what an investigation finds, makes that defence hard to establish, and can also make the working environment worse.
In Murugesu v Australian Postal Corporation & Anor [2015] FCCA 2852 (12 November 2015), a truck driver engaged by Australia Post complained of racial abuse, including being told to go home to Sri Lanka by boat. His complaints were not investigated. The Court found that Australia Post had not taken reasonable steps to prevent the abuse and was vicariously liable (s 18A of the Racial Discrimination Act 1975 (Cth)). The remedy was left to be decided later.
If you were punished for complaining, that is victimisation, which is separately unlawful.
Can I Sue The Company For The Racially Discriminatory Acts Of My Supervisor?
Yes. The company can be vicariously liable for the conduct of its employees and agents, unless it proves it took all reasonable steps to prevent it (s 18A of the Racial Discrimination Act; s 161 of the Equal Opportunity Act).
Saying it was only a joke is not an answer. Under s 18C the question is whether the conduct was reasonably likely to offend, insult, humiliate or intimidate, judged in all the circumstances, not what the speaker intended.
Having a policy manual is not enough on its own. The employer has to show it took all reasonable steps to prevent the conduct, such as training, supervision and acting on complaints.
What Legal Action Can I Take If I've Been Discriminated Against Because Of My Race?
You usually have three routes. In most cases you can use only one of them for the same conduct.
1. General protections (Fair Work Act). For employees of national system employers. The employer must prove that race was not a reason for its action (s 361). If you were dismissed, lodge with the Fair Work Commission within 21 days.
2. The Australian Human Rights Commission (Racial Discrimination Act). Covers employees, contractors and job applicants, s 18C racial abuse, and indirect discrimination. The Commission may end a complaint lodged more than 24 months after the conduct; if it does not resolve, you have 60 days from the termination notice to go to court, where damages are not capped.
3. The WA Equal Opportunity Commission (Equal Opportunity Act). Covers race discrimination and racial harassment. Lodge within 12 months. Damages at the State Administrative Tribunal are capped at $40,000.
If you work for the WA public sector, a WA council or a business that is not a company, you can bring an unlawful termination claim within 21 days if you were dismissed, and the other two routes are open. Compare them on our page on where to make a discrimination complaint.
How Can MKI Legal Help?
If you feel that you have been racially discriminated against at work, and you wish to discuss your situation, our team of employment law experts can help. We offer a no-obligation, confidential and free initial telephone discussion.
Case studies
How the law played out in real cases
Federal Circuit and Family Court of Australia (Division 2) · 30 June 2026
A decade of alleged slurs, no complaint to HR, and the claim fails
Te Whaiti v Winc Australia Pty Ltd
Claim dismissedRead the case study
Guide · first published May 2017
Race discrimination at work: proving the reason is the hard part
GuideRead the guide
Published decisions of courts and tribunals, summarised in plain English from the published decision. Every case turns on its own facts.