Racial Harrassment
Race includes a person’s colour, who they are descended from, their ethnic background, and their nationality.
Protection for racial harassment in the equal opportunity legislation exists only in Western Australia and is made up of two components. The first is the type of behaviour that is unlawful. The second is what will happen to the person if they refuse to go along with the unlawful behaviour.
The unlawful behaviour can include threats, abuse, insults and taunts.
The behaviour is such that the harassed person has reasonable grounds to believe that if they object to the conduct, they will be disadvantaged, or they are in fact disadvantaged.
Disadvantaged can include losing their job, not being promoted, not receiving special staff benefits such as a bonus and unfavourable reports about their work performance. Usually this means that the person who is the harasser is in a position of authority to the person being harassed.
If a person thinks they are a victim of racial harrassment, they can check if their organisation has a policy about racial harrassment and if it contains a definition similar to the one mentioned above. If it does, they can use this policy to have a conversation with their manager/HR or a person in authority. Explain what happened and why they think this is bullying. It is useful to work out what they want the manager/HR to do about the issue and ask for it to be done.
They could ask the manager/HR to chat to the other person to clarify their point of view and explore the possibility of a combined discussion. Sometimes people may not be aware that they are doing something unlawful so giving them a chance to understand/explain their point of view is important. They could also ask the organisation to provide education to staff about discrimination, put posters up, or send out emails reminding people of what is appropriate/inappropriate behaviour.
If the behaviour is very serious (because it has been going on for a while, or is being done by someone in authority, or the incident is serious), then they might want to ask the organisation to investigate it formally. They should check if the organisation has a grievance management document. If so, it should explain when a matter will be investigated formally and what will be done. A formal investigation usually has to be in writing and should explain what has happened by who, when and where. It is important to stick to the facts and avoid emotional language when making a formal complaint.
Once the complaint is formal, the organisation should investigate it. They will interview the complainant (person making the complaint) and any relevant people to support their story. They will also interview the respondent (person responding to the complaint) and any relevant people. The organisation will then use all the facts to make a decision, usually by the CEO or equivalent.
If someone does not want to make a complaint internally or if the complaint has not been managed to their satisfaction, they can contact the Equal Opportunity Commission in WA which offers a free conciliation service for victims of racial harassment. Most matters are sorted out at this stage.
EEO Specialists do not represent individuals making complaints, but we hope this information is useful to address such issues.
We do provide comprehensive training for organisations, to educate staff about sexual harassment, bullying, and discrimination. We also train managers on how to identify and manage complaints. If you would like more details, please call Franca Sala Tenna on 0405 134 187.
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News Updates
What’s Been Happening in Australia in Relation to Sexual Harassment, Discrimination and Bullying from 7 September 2026 – 20 September 2026
