For example, a factory worker is singled out for menial jobs at work due to their race. Other workers at the same level are not asked to do this work.
What is race discrimination?
Race discrimination happens when someone is treated unfairly because of their race. A person’s race includes their:
- colour
- descent or ancestry
- ethnicity or ethnic origin
- nationality or national origin.
Race discrimination is unlawful whether or not:
- the assumptions the person made about your race were correct
- the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.
The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.
Race discrimination can be direct or indirect.
Direct discrimination happens when a person is treated worse than others because of their race.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person’s race, unless it is reasonable in the circumstances.
For example, a resort has a policy that staff must be 180cm or taller, which disadvantages people from some racial backgrounds who are much less likely to be able to fill this criteria
For example, a resort has a policy that staff must be 180cm or taller, which disadvantages people from some racial backgrounds who are much less likely to be able to fill this criteria.
When discrimination may be lawful (Exemptions)
There are some circumstances when discrimination on the basis of race is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Examples include:
Genuine occupational requirements
It may be lawful to discriminate on the basis of race in a work context if there is a ‘genuine occupational requirement’ that a worker be a particular race.
For example, a television show casting for a person of a specific cultural background for a role, for reasons of authenticity.
It is not permitted to discriminate on the basis of race when employing a person to work in your home or take care of your children.
Eligibility for state government assistance
Some state government bodies are allowed to impose restrictions on financial or other assistance based on a person’s citizenship or visa status.
Equal opportunity and welfare measures
Programs designed to promote equal access or reduce disadvantage for persons who are of a particular race may be lawful.
For example, a program which seeks to increase the number of First Nations employees in a particular sector or business.
Learn more about exemptions.
What is racial vilification?
Racial vilification is unlawful in Queensland.
Vilification happens when a person does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their race.
Serious vilification is when someone additionally threatens physical harm to a person or their property or incites others to threaten physical harm to a person or their property. Serious vilification is a criminal offence.
What you can do
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Make a complaint
If you believe you have been discriminated against because of your race, or you have been racially vilified, you can make a complaint to the Queensland Human Rights Commission. -
Share your experience of racism
If you have seen or experienced racist behaviour, you can report it to us. This is not a formal complaint. You do not need to provide your name, and we will not contact the person you are reporting.