Racial Harassment

Racial harassment is unwelcome conduct directed at someone because of their race, colour, descent, or national or ethnic origin. It is unlawful under Australian anti-discrimination law.

The most important operational difference from bullying is repetition. Bullying requires repeated behaviour. Racial harassment does not. A single remark, image or incident can be unlawful on its own.

That changes the employer’s response to a first report. Waiting to see whether a pattern develops, which is a defensible instinct with an interpersonal complaint, is the wrong response here and leaves the organisation exposed.

It also covers conduct not directed at anyone in particular. Material displayed in a shared area, or remarks made generally, can create a hostile environment for someone who was never addressed directly at all.

The Australian Human Rights Commission covers racial discrimination and harassment. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s cultural awareness training and EEO training course.