How to handle discrimination claims in the workplace.

Melissa Mwangi | Associate

Conveyancing & Real Estate | Employment | Corporate Commercial

Discrimination is the unfair treatment of someone because of certain characteristics people have, meaning they belong to a particular group, for example, negative treatment to groups of people in office because of certain characteristic.

Some examples of discrimination include:

• Age discrimination
• Gender discrimination
• Disability discrimination
• Race discrimination

What does it involve?

Discrimination can take many forms and is not always easy to spot in the workplace. It could involve:

• Inappropriate jokes
• Bullying and harassment
• Not making job positions available for people due to certain characteristics

Has it taken place?

• The Employment Act 2007 protects individuals from discrimination at work
• Ask yourself these questions to ascertain whether discrimination has taken place:

1. Why have you been treated unfairly- is it because you belong to a particular group?
2. Who is treating you unfairly?- it is only unlawful if the discrimination is from certain people, including healthcare providers, government authorities or even schools, colleges and universities
3. What is the treatment?- it is important to identify what type of discrimination it is

What is the right action?

There are two ways for you to deal with discrimination complaints; either dealing with the complaint informally (e.g. by talking with the individual privately, offering mediation etc) or using internal grievance procedures.

If a worker complains to you, it is important to try and use alternative methods of dispute resolution.

Whatever the outcome, you must ensure that you do not treat the worker who complained unfavourably. Forcing them to leave the company, transfer to another department or denying them advancement opportunities may amount to victimisation.

Defending claims in the Employment and Labour Relations Court can be a lengthy process, therefore it is wise to attempt to investigate and settle matters before a claim is used.

Our team of Employment Lawyers would be happy to assist and provide further advice. If you need any help in understanding your rights in relation to discrimination as an employer or employee, please contact us contact us and ask to speak to a member of the Employment team or email us at inquiry@hassanlukadvocates.com.

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.