Racial Harassment In The Workplace

The most common response to a complaint about racial harassment in the workplace is that it was banter, everyone gives as good as they get, and no offence was meant.

None of that answers the test. The question is whether the conduct was unwelcome to the person it was directed at, and whether a reasonable person would have anticipated they might be offended, humiliated or intimidated. Intention is not an element.

Two further points are worth making to managers who hear this defence.

Participation is not consent. Someone who joins in with banter about their own background is frequently doing the only thing available to them in a room where objecting would mark them out further.

And mutuality rarely survives examination. Ask who is actually the subject, and how often. The answer is usually one person.

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

See Sentrient’s cultural awareness training and respect at work training.