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Learner’s Guide
Describe discrimination
under the Human Rights
Act 1993 and describe
ways of responding to it
Licensed to:
Western Heights High School
2016 - 6a © ATC New Zealand
www.instant.org.nz
i
About this
Learner’s Guide
Learning Purpose & Outcomes
In this course you will learn about discrimination and ways to respond to it. You will also
learn about the Human Rights Act 1993, which is the main law in New Zealand that controls
discrimination.
When you have successfully completed this course you will be able to describe:
• the meaning of discrimination and human rights
• the Human Rights Act 1993
• types of discrimination and areas of discrimination
• the effects of discrimination
• ways to respond to discrimination.
A glossary has been included at the end of this guide to help you understand new terms and other
words that may be difficult. Words that are in the glossary have been highlighted in the text.
Contents
Discrimination 9
What types of discrimination are unlawful? 10
Areas of discrimination 18
Responding to Discrimination 30
What agencies can help with discrimination problems? 31
What process can be followed to deal with discrimination? 34
Glossary 39
LESSON 1:
Discrimination and
Human Rights
Learning Objectives
In this lesson you will learn about the following. A space has been left
on the right of every
The meaning of human rights
page for you to make
The meaning of discrimination notes about what you
The Human Rights Act 1993 are learning.
Human rights are the basic rights and freedoms that all people are
entitled to. These basic rights and freedoms include the following.
Examples of discrimination
Not Being
being given fewer
allowed to employment
participate in an opportunities
event because of because you
your place of are gay.
birth.
Try it for Read the scenario below and answer the question that
Yourself follows.
Alice applied for a job as a salesperson in a garden centre. During the interview the
manager asked her if she has any children and how old they are. When Alice told him
that she has two children aged 10 and 7, the manager quickly finished the interview. The
manager said that people with children will not be suitable for the job.
The Human Rights Act 1993 is the main law in New Zealand that
deals with discrimination.
The Human Rights Act 1993 has the following functions.
It makes It outlines
different types It outlines legal
of discrimination the areas exceptions to
unlawful. in life where discrimination.
discrimination is
unlawful.
It
oversees
It oversees the
the New Zealand
Human Rights
Human Rights
Review Tribunal, an
Commission, an
organisation that deals
organisation that deals
with serious cases of
initially with cases of
discrimination.
discrimination.
It outlines It makes
how cases of it unlawful
discrimination for a person to
should be cause racial
resolved. disharmony.
Try it for Complete the following sentences with the correct word
Yourself or phrase.
1.
discrimination.
There are a number of other laws that deal with specific areas of
discrimination in New Zealand. Some of these laws are outlined below.
Try it for Read the following scenarios. Which law do you think
Yourself would apply? You may choose from:
• New Zealand Bill of Rights Act 1990
• Health and Disability Commissioner Act 1994
• Education Act 1989
• Employment Relations Act 2000
• (Definition of Marriage) Amendment Act 2013
1. The school opposite Kendal’s house is refusing to enrol her daughter, even
though the child is 6 years old and lives in the correct zone.
2. Mary works at the local district court. She is refusing to issue a ‘Notice of
Intended Marriage’ to Gerard and Hunter because they are both males and she
disagrees with same-sex marriage.
3. John uses a wheelchair. The wheelchair ramp at his local library is broken.
The library staff have said that they will arrange for it to be fixed at a later date
because there is no money in the library budget to pay for the repairs.
4. Adam has been charged with theft. He has not been advised by the Police of his
right to a lawyer.
5. Sarah works at a fast food restaurant. Her manager has told her that she won’t
be able to work on the counter anymore because she has pimples on her face
and it ‘puts customers off their food.’
LESSON 2:
Discrimination
Learning Objectives
In this lesson you will learn the following things about discrimination.
The types of discrimination that are unlawful
Key areas where it is unlawful to discriminate
A case of
+ =
Recognised Recognised discrimination that
type of area of the Human Rights
discrimination discrimination Commission can
help with.
LESSON 2: Discrimination
Under the Human Rights Act 1993, there are 13 types (grounds) of
discrimination that are unlawful.
Political
opinion
LESSON 2: Discrimination
Sex (gender)
You can’t discriminate against someone for being male, female, or
someone who has changed their gender (transgender).
Example
Mark applied for a job as a checkout
operator at a supermarket. He cannot be
refused employment just because he is a
male, even if the supermarket prefers to
employ female checkout operators.
Marital status
You can’t discriminate against someone for being:
• single
• married
• in a civil union (in legal terms, very similar to being married)
• in a de facto relationship (two people who live together in a
relationship but are not married or in a civil union)
• a widow or widower
• separated or divorced
Example
Alex applied to rent an apartment in town. The landlord cannot
stop him renting the apartment just because he is single. The
landlord may prefer to rent it to a married couple but if Alex is
willing to pay the rent and meet any other lawful requirements,
then the landlord cannot say no just because Alex is not married.
Wanted
Handyman to help with small repairs around the farm
and to work in our large garden. Not suitable for women
because some heavy lifting and use of machinery required.
Ph. 999 8888
LESSON 2: Discrimination
Religious belief
You can’t discriminate against someone for their religious beliefs.
Example
Chris was asked about his religious
beliefs at a job interview. If the answer to
this question influenced the employer’s
decision, then the employer would be
discriminating against him.
Ethical belief
Ethical belief refers to your beliefs about certain moral questions,
such as global warming. You can’t discriminate against someone
because of their ethical beliefs. For example, you can’t be treated
unfairly just because you personally believe that global warming isn’t
a serious issue.
Example
Craig recently applied for the position as a team leader at a
factory. During the interview, he was asked about his opinions
on the proposed assisted dying (euthanasia) law. Craig was
surprised that such as strange question was asked at a job
interview. However, he answered saying that he thinks the law is
a good idea. A few weeks later Craig was told that he did not get
the job. When he asked why, the manager told him that he wants
to employ people that he agrees with on moral issues.
Craig has been discriminated against on the basis of ethical belief.
LESSON 2: Discrimination
Try it for Read the following scenario and answer the question
Yourself that follows.
Chan asked to rent a shop in a building so she could sell Buddhist books, cards, and
other religious items. She also planned to hold meditation meetings at the shop. The
owner of the building said he would not rent the shop to Chan. He explained that groups
of religious people dressed in Buddhist clothing would put off the customers who visit the
other shops in the building.
Has Chan been discriminated against? Give reasons for your answer.
Example
Alice is from South Africa. She recently applied for a position at
a make-up counter at a department store. At the interview, the
interviewer told Alice that she is not the person they are looking
for because her skin is too dark. Alice has been discriminated
against because of her skin colour.
LESSON 2: Discrimination
Disability
Disability covers a wide range of conditions including the following:
• physical disability, eg being deaf or only having one arm
• physical or mental illness, eg suffering from depression
• reliance on a guide dog, wheelchair, or other similar supports
• serious illnesses such as HIV or hepatitis.
It is against the Human Rights Act 1993 to discriminate against
someone because of a disability. There are some exceptions to this,
which will be covered later on in this lesson.
Example
Megan has an eyesight problem. When she sits exams she is
not able to read her exam papers, and write and review her
answers, in the same time as everyone else. Her school or
training organisation should make an allowance for her disability
by giving her extra time at the beginning of her exams. If they
don’t do this, they could be discriminating against her on the
grounds of her disability.
Scenario Grounds of
discrimination
1. Katie is partly deaf. She enjoys outdoor pursuits and recently
decided that she would like to learn kayaking. She applied
to enrol in a basic kayaking course but was refused entry
because of her hearing problem. Katie has completed other
outdoor recreation courses and knows that her hearing
would not affect her performance in the course. She wants to
discuss potential health and safety issues with the manager of
the course, but he is refusing to talk with her.
2. Peter came to New Zealand from Korea with his parents when
he was three years old. He is now sixteen. Peter wanted to join a
Kapa Haka group at his High School as he is interested in Maori
culture. The teacher is not willing to allow Peter to join the group,
as she thinks he wouldn’t understand the cultural differences.
LESSON 2: Discrimination
Age
Protection against age discrimination applies to anyone who is 16
years and over. The following situations could be considered to be
age discrimination.
• Preventing a person from participating in an activity because
they are too old.
• Preventing a person from participating in an activity because
they are too young (this does not apply if the person is under
16 years old)1
Example
Mavis, who is 67, applied to join a hiking club in her community.
The President of the hiking club refused her application because
of her age. This is discrimination because the President of the
hiking club is only considering her age, not her fitness levels and
health.
Political opinion
You can’t discriminate against someone for supporting a political
party or having a political opinion about the policies and actions of
government.
Example
Stacey and her friends are supporters
of the Green Party. They have
decided to have a meeting at a local
café in town where they will share
their ideas about how to best support
the Green Party for the upcoming
elections. The owner of the café
cannot refuse entry to Stacey and her
friends just because they support a
certain political party.
Employment status
You can’t discriminate against someone for being employed,
unemployed or for receiving a benefit (financial assistance from the
government).
1
Note: There are some obvious exceptions to this. For example, a person under 18 is not
permitted to vote or to drink alcohol. You will learn more about exceptions to discrimination in
the next section
LESSON 2: Discrimination
Example
Sarah is an unemployment
beneficiary who is applying for a job
at a supermarket. She has an equal
right to be considered for the job as
someone who is not on the benefit.
Try it for
Work in pairs. Read the following scenario.
Yourself
Aroha and Dean are both qualified marine mechanics. Dean has worked for one year and
Aroha has worked for two years. They both apply for a job with a boat repairs business
where they will be required to work with boat engines. Aroha gets the job. Dean feels his
experience was well suited to the job and he thinks the employer chose Aroha just because
she was a woman. When Dean asks the employer why he didn’t get the job, the employer
says that Aroha has more experience than Dean and is better qualified for the job.
Write down your thoughts on whether you think Dean was discriminated against.
Family status
You can’t discriminate against someone because they:
• have children
• don’t have children
• are married to a particular person
• in a civil union or de facto relationship with a particular person
• are a relative of a particular person.
LESSON 2: Discrimination
Example
Karen has offered to be on a church fundraising committee in
her community. The committee has refused her offer because,
“she is too busy with her family to deal with fundraising
matters.” Karen has been discriminated against because of her
family status.
Sexual orientation
You can’t discriminate against someone because they are
heterosexual, homosexual, lesbian, or bisexual.
Example
John and Andrew are a gay couple. A landlord can’t prevent
them from renting his house just because they are homosexual.
Try it for
Work in pairs. Read the following scenario.
Yourself
Jenny applied for a job as an assistant manager at a shoe shop. She recently got married
and wants a promotion and more pay (she is a sales assistant at a different store). She
didn’t get the job.
A friend told Jenny that the successful job applicant was not as well qualified or experienced
as Jenny. When Jenny asked why she didn’t get the job, the manager told her that as she
had just married, Jenny may want to start a family soon. And, for this reason he thought
she wouldn’t stay in the job for very long.
Write down your thoughts on whether you think Jenny was treated fairly or unfairly.
On what grounds do you think Jenny is being discriminated against?
LESSON 2: Discrimination
Areas of discrimination
Areas of discrimination
Access to
Access to Employment
education
public places,
vehicles, and
facilities
Provision of
Provision Other areas of
goods and
of land, public life
services
housing, and
accommodation
Exceptions
An exception is a specific situation that does not apply to a rule
or law. There are many exceptions to the rules outlined in the
Human Rights Act 1993. For example, it is not discrimination to
have male-only and female-only toilets.
LESSON 2: Discrimination
Access to education
Access to education refers to the option to enrol in a pre-school,
school, polytechnic, university, or other education organisation.
LESSON 2: Discrimination
Employment
Employment refers to getting a job and working in that job.
What is the law? You can’t use any of the types of discrimination
to stop someone getting or receiving goods,
services, or have access to facilities.
You also can’t provide them on less favourable
terms or conditions.
Example A car salesperson can’t refuse to sell a car to a
person just because of their age. If an 18-year-
old wants to buy a car and has the money, by
law the salesperson has to sell it to him.
Exceptions Businesses that sell alcohol must refuse sale
of alcohol to minors.
Businesses that sell alcohol must refuse to sell
alcohol to someone who is intoxicated (drunk).
Specific age and disability criteria must be met
to be provided with government assistance,
such as meals on wheels.
LESSON 2: Discrimination
LESSON 2: Discrimination
Scenario 1: Jim is starting his first year at university. He didn’t want to go flatting so has taken
a room in a university hostel. He notices that a women-only hostel is newer and is in a quieter
area of town. He feels that, as a man, he is being discriminated against by not being able to
take a room at the other hostel. He complains to the university accommodation manager.
Type of discrimination:
Area of discrimination:
LESSON 2: Discrimination
No. One lawful exception to the Human Rights Act 1993 is separate living
Type of discrimination:
Area of discrimination:
Scenario 3: Judith applies for a job as a secretary with a large union organisation. At the
interview the manager asks her who she will be voting for at the next election. She isn’t
comfortable with the question and tells the manager she isn’t sure. The manager makes
it clear she needs to support the same party he does for them to work well together.
Type of discrimination:
Area of discrimination:
LESSON 3:
Learning Objectives
In this lesson you will learn about the following effects of discrimination.
Social effects of discrimination
Economic effects of discrimination
Try it for Write down some social effects that you think
Yourself discrimination may cause.
Low
self-
Loneliness and esteem and/or
isolation Mistrust or depression (can
suspicion of cause loss of
others motivation)
Lower
health status
(due to poorer
Lower level Crime
access to health
of education
services, and
(leaving school
poverty)
early)
Ryuichi has been treated unfairly because of his ethnicity and race.
The social effects Ryuichi may suffer as a result of this
discrimination could include the following:
• lower self-esteem because he is made to feel that he isn’t as
good as other New Zealanders
• anger because he didn’t get the job which would have been
a good part time job
• mistrust of other employers at future job interviews.
Try it for
Yourself
Example
An unemployed person may face discrimination when trying
to find a job (because they are unemployed). It may be harder
for this person to find a job so they may have to rely on a
government benefit for longer. Even when they do find work, it
is likely to be a low-paid job because they have been out of the
workforce for a while.
Try it for Write down some economic effects that you think
Yourself discrimination may cause.
Difficulty
Difficulty getting getting
jobs Difficulty promoted to a
getting a pay higher position
increase
Difficulty
Lower level of getting
education (leading adequate housing
to difficulty to or accommodation
getting a job) (location and
quality)
Ryuichi has been treated unfairly because of his ethnicity and race.
The economic effects Ryuichi may suffer as a result of this
discrimination could include the following:
• lost opportunity to get a paying job
• a longer period of time on a government benefit
• inability to get ahead and save money.
LESSON 4:
Responding to
Discrimination
Learning Objectives
In this lesson you will learn about ways to respond to discrimination.
You will learn about the following.
Agencies that can help with discrimination problems
A process that can be followed to deal with discrimination
There are a number of agencies that can help people if they feel they
have been discriminated against. The main agency is the Human
Rights Commission.
The contact details and services offered by the Commission are
noted below.
Website https://www.hrc.co.nz/
Contact details Level 4, Tower Centre, 45 Queen Street, Auckland
PO Box 6751, Wellesley Street, Auckland 1141
Free phone: 0800 496 877
Fax: 09 377 3593
e-mail: infoline@hrc.co.nz
1.
2.
There are also other agencies that may help you, if you feel you have
been discriminated against. Three agencies, and their services and
contact details are listed below.
Website www.ageconcern.org.nz
Contact details Level 4, West Block, Education House, 178 Willis
Street, Wellington, 6143
PO Box 10-688, Wellington 6143
Telephone: 04 801 9338
Fax: 04 801 9336
1. Spend some time reading through the different pages on the website.
2. Write down two things that you have learnt about the organisation you have chosen.
1.
2.
There are a number of steps that you can take if you think you are
experiencing discrimination.
3 Contact the Human Rights Commission (or other agency) Potential Outcomes
The person or organisation may
agree to the recommendations of the
Make a formal complaint with an agency that can agency.
help with discrimination issues.
The person or organisation may
The agency will either give you more advice or refuse to follow the recommendations
invite both groups involved to a meeting to discuss of the agency.
the issue.
This is just one possible process that you could follow to resolve the
issue. There are many different approaches that you could take.
It is often best to try to deal with discrimination yourself first, before
you ask an agency to get involved. Look at the following examples
of possible ways to solve discrimination issues without the help of
an agency like the Human Rights Commission.
Example 1
Example 2
Case Study
Sally applied for a position as a car
groomer, cleaning and polishing cars
and trucks. When she turned up for the
interview, she was told by the business
owner, Jack, that females were not being
considered for the position.
Sally knew she could do the job as she had
worked for another car groomer previously.
She felt Jack had treated her unfairly
because she is a woman.
Sally works through the following steps to deal with her unfair
treatment.
1 Sally has thought about what happened and has talked to her
family and friends. They all agree she was discriminated against
because she is a woman. Sally decides she will talk to Jack.
She phones to make an appointment to see him. When Jack
asks why she wants to see him, Sally explains she felt Jack
treated her unfairly because she is a woman. Unfortunately,
Jack gets angry with Sally, refuses to make a time to see her
and ends the phone call.
2 Sally is now feeling even more upset but she also wants
to sort out the problem. She doesn’t want Jack to keep on
discriminating against women when employing staff.
Sally talks to her neighbour, the local high school principal, Mrs
Scott, and explains what has happened. She tells Mrs Scott
that she doesn’t feel she could work for Jack now but would
like to make sure Jack didn’t discriminate against other woman
in future. Mrs Scott offers to talk with Jack to arrange a meeting
with Sally.
When Mrs Scott visits Jack’s business he explains that he was
protecting women from a job they would find difficult. He said
that the job requires a high level of physical fitness and strength,
particularly when cleaning trucks. When Mrs Scott points out
Sally’s previous job as a car groomer Jack says it was not the
same type of work. Jack becomes angry, refuses to meet with
Sally, and tells Mrs Scott to mind her own business.
Mrs Scott recommends that Sally makes a complaint to the
Human Rights Commission.
If the complaint hasn’t been sorted out by the third step, then
it can be heard by the Human Rights Review Tribunal. The
Human Rights Review Tribunal is able to hear a complaint and
make a decision. It has the powers of a court of law.
Glossary
accommodation a room, group of rooms, or building in which someone may live or stay
appeal apply to a higher court for a reversal of the decision of a lower court
citizen a person who is legally allowed to live in country permanently
entitled the right to be given something
euthanasia the painless killing of a patient suffering from an incurable and painful
disease or in an irreversible coma
exceptions a specific situation that does not apply to a rule or law
express show, share your thoughts and opinions
facilities a place or piece of equipment that is provided for a particular purpose
favourable giving an advantage to someone
initial first
lease a contract where one party offers land, property, services, etc. to another
party for a time, usually in return for a periodic payment.
policy a course or principle of action adopted or proposed by an organisation or
individual
promoted raise (someone) to a higher position or rank
qualifying bodies may include: a charity, an institution of higher education such as a
university, a scientific research organisation or a health service body
racial disharmony making public statements that are discriminatory towards one or more
races
recognised acknowledge the existence of
resolved settle or find a solution to a problem
valid reasonable, a strong argument
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