Racial Discrimination Compensation

Racial discrimination compensation claims are dealt with using the Race Discrimination Act 1975 (RDA) which is legislation passed by the Australian parliament that applies nationally in all states and territories of Australia. The act makes racial discrimination unlawful and replaces all similar state and territory law. Racial discrimination compensation claims are considered by the Australian Human Rights Commission which administers the RDA.

Race Discrimination Act 1975

A racial discrimination claim regarding employment law arises under the RDA when a person of either sex is treated less favourable than they might otherwise have been treated on the basis of race, colour, descent or national or ethnic origin. The statute applies to actual employment, seeking employment, training, promotion, equal pay or conditions of employment and applies equally to both sexes and those of all ages.

Race Hatred Act

In addition to the RDA a racial discrimination claim solicitor can also take action under the Race Hatred Act 1995 which extends coverage of the RDA and prohibits offensive behaviour based on racial hatred or vilification.

Subjective Test

It does not matter whether or not the offending party intended to cause offence or not. If the aggrieved party was subjected to behaviour that they found to be offensive and discriminatory then that behaviour can potentially be used to ground a racial discrimination compensation claim. Typically this behaviour involves a number of incidents however just one serious incident is sufficient to take legal action.

Specialist Employment Solicitors

Our racial discrimination solicitors deal with a wide range of employment matters on behalf of employees. If you would like free advice on a potential compensation claim just use the email or complete the contact form and a specialist solicitor will contact you as soon as possible to advise on the law, with no further obligation.