Racial Discrimination:

Discrimination, as an unlawful act is usually described as direct or indirect treatment of another person which is unfavourable and based on a defined unlawful ground or attribute. Indirect discrimination is constituted by subjecting a person or group to less favourable treatment than another person or group that results from an attribute they possess, for example, race, sex or disability and arises through the imposition of a requirement or condition on the first person or group that does not operate, or operates with less difficulty, on the other person or group. Racial discrimination is any action involving a distinction, exclusion, restriction or preference based on colour, descent, religion, national or ethnic origin. Racism has the effect of impairing the recognition, enjoyment or exercise of any right or freedom. A qualified Discrimination Lawyer may be able to advise and assist you if you are affected by racial discrimination.

Racial discrimination is when a person is treated less favourably than another person in a similar situation because of their race, colour, descent, national or ethnic origin or immigrant status. For example, it would be ‘direct discrimination’ if a financier refuses to loan money to a person due to their descent or ethnicity. It is also racial discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular race, colour, descent, national or ethnic origin or immigrant status. This is called ‘indirect discrimination’. For example, it may be indirect racial discrimination if a company says that employees cannot wear head coverings or face coverings as this may unfairly target certain individuals. Aged or elderly workers may bring immense value to the workplace and community.  In fact, there is evidence to suggest that it is perfectly normal for aged even elderly persons to be working, driving and active in their community, even though some others may be restricted in movement and require high levels of care.

There are many forms of racial discrimination each being extremely detrimental to cultural diversity, appreciation and the need to exist peacefully in a multicultural country. Individual racism involves specific acts of racist behaviour by individuals or groups. This can include language or actions of a racist nature which are offensive, degrading, intimidating or embarrassing. Institutional racism is the way in which institutions discriminate directly or indirectly, intentionally or unintentionally, through their structures and organisations to support or maintain racism. Cultural racism involves the social production and reproduction of racist beliefs and ideas.

The Discrimination Lawyers at Navado Lawyers & Solicitors have advised on Discrimination law for many years and can provide thorough, detailed advice in this complex area of law. If you need further legal advice on your Discrimination law matter, you may book an appointment with us by telephone or by email to info@navado.com.au. Alternatively, you may meet with one of our qualified Discrimination solicitors at one of our branch offices. For a complete listing please see our "Locations" tab.

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