542v6a Learners Guide

US 542 v6a
Learner’s Guide
SOCIAL AND COOPERATIVE

SKILLS
Unit Standard 542

Version 6 | Level 1 | Credit 2
Describe discrimination
under the Human Rights
Act 1993 and describe
ways of responding to it
Licensed to:
Western Heights High School
2016 - 6a © ATC New Zealand
www.instant.org.nz
i
US542v6a Learner's Guide Licensed to Western Heights High School

Describe discrimination under the Human Rights Act 22022016-US542-105632 INSTANT Education Solutions
1993 and describe ways of responding to it 6a © ATC New Zealand www.instant.org.nz
ii
About this
Learner’s Guide
Learning Purpose & Outcomes
In this course you will learn about discrimination and ways to respond to it. You will also
learn about the Human Rights Act 1993, which is the main law in New Zealand that controls
discrimination.
When you have successfully completed this course you will be able to describe:
• the meaning of discrimination and human rights
• the Human Rights Act 1993
• types of discrimination and areas of discrimination
• the effects of discrimination
• ways to respond to discrimination.
A glossary has been included at the end of this guide to help you understand new terms and other
words that may be difficult. Words that are in the glossary have been highlighted in the text.
Licensed to Western Heights High School US542v6a Learner's Guide

22022016-US542-105632 INSTANT Education Solutions Describe discrimination under the Human Rights Act
6a © ATC New Zealand www.instant.org.nz 1993 and describe ways of responding to it
iii

1
Contents
Discrimination and Human Rights 2

What is the meaning of human rights? 2
What is the meaning of discrimination? 4
What is the Human Rights Act 1993? 5
What other laws deal with discrimination in New Zealand? 7
Discrimination 9
What types of discrimination are unlawful? 10
Areas of discrimination 18
Social and Economic Effects of Discrimination 24

Social effects of discrimination 24
Economic effects of discrimination 27
Responding to Discrimination 30
What agencies can help with discrimination problems? 31
What process can be followed to deal with discrimination? 34
Glossary 39

2
LESSON 1:
Discrimination and
Human Rights
Learning Objectives
In this lesson you will learn about the following. A space has been left
on the right of every
The meaning of human rights
page for you to make
The meaning of discrimination notes about what you
The Human Rights Act 1993 are learning.
Other laws that deal with discrimination in New Zealand
What is the meaning of human

rights?
Human rights are the basic rights and freedoms that all people are
entitled to. These basic rights and freedoms include the following.
Examples of human rights
The right The right The right

to have to have a to take part
enough food home to live in cultural
to live The activities
in
right to
have enough
The
water to
right to
live
express
yourself
freely
The right
The right to raise a
to follow a family
certain religion
or belief The right to
system The receive an
right to education
work

3
LESSON 1: Discrimination and Human Rights
Universal Declaration of Human Rights

The Universal Declaration of Human Rights is a document that
lists the key human rights that all humans have. Most countries,
including New Zealand, have agreed to make sure that all people
should receive each of the rights outlined in the document. You
can read this document at the following website:
http://www.un.org/en/universal-declaration-human-rights/
Access the internet and read the Universal Declaration of

Try it for Human Rights document. The website address is given
Yourself in the box above.
List five more human rights that people have.

4
What is the meaning of

discrimination?
When someone is discriminated against, they are treated unfairly or

differently by other people without a valid reason.
Look at the following examples of discrimination.
Examples of discrimination
Being Not being

treated given an
unfairly because Being opportunity
you are from a treated because you
different ethnic differently follow a certain
group. because you religion.
are a female.
Not Being
being given fewer
allowed to employment
participate in an opportunities
event because of because you
your place of are gay.
birth.
Try it for Read the scenario below and answer the question that
Yourself follows.
Alice applied for a job as a salesperson in a garden centre. During the interview the
manager asked her if she has any children and how old they are. When Alice told him
that she has two children aged 10 and 7, the manager quickly finished the interview. The
manager said that people with children will not be suitable for the job.
Has Alice been discriminated against? Why?

5
What is the Human Rights Act 1993?
The Human Rights Act 1993 is the main law in New Zealand that
deals with discrimination.
The Human Rights Act 1993 has the following functions.
Functions of the Human Rights Act 1993
It makes It outlines
different types It outlines legal
of discrimination the areas exceptions to
unlawful. in life where discrimination.
discrimination is
unlawful.
It
oversees
It oversees the
the New Zealand
Human Rights
Human Rights
Review Tribunal, an
Commission, an
organisation that deals
organisation that deals
with serious cases of
initially with cases of
discrimination.
discrimination.
It outlines It makes
how cases of it unlawful
discrimination for a person to
should be cause racial
resolved. disharmony.
Purpose of the Human Rights Act 1993.

The main purpose of the Human Rights Act 1993 is to protect
people and groups from discrimination.

6
Try it for Complete the following sentences with the correct word
Yourself or phrase.
1.
1. The Act 1993 deals with Human Rights and unlawful
discrimination.
2. The Act describes a number of types of discrimination that are .
3. One organisation that deals with discrimination is the
4. An organisation that deals with serious discrimination issues is the
5. The Human Rights Act outlines how can be resolved.
6. The of the Human Rights Act 1993 is to protect people and
groups from discrimination.
Some countries do not have a law like the Human Rights

What do Act 1993. Why is it good to have a law that protects
You Think? human rights and protects people from discrimination?

7
What other laws deal with

discrimination in New Zealand?
There are a number of other laws that deal with specific areas of
discrimination in New Zealand. Some of these laws are outlined below.
Other laws that deal with discrimination
New Zealand Bill of Rights Act 1990

This law makes sure that all citizens are treated fairly and equally
when dealing with the government and the courts. If this law is
not followed, citizens could take action on the basis that they
been discriminated against.
Health and Disability Commissioner Act 1994

This law outlines the role of the Health and Disability
Commissioner. One role of the Commissioner is to help deal with
cases of discrimination in relation to health and disabilities.
Education Act 1989

This law outlines the right for all children to have access to
education. If children are discriminated against in relation to their
education, this law could apply.
Employment Relations Act 2000

This law outlines the relationship between an employer and
an employee. If an employee is discriminated against in the
workplace, this law may apply.
Marriage (Definition of Marriage) Amendment Act 2013

This law makes it legal for partners of the same gender to marry
each other. If a government department refuses to issue a
marriage licence to a same sex couple, this law will apply.

8
Try it for Read the following scenarios. Which law do you think
Yourself would apply? You may choose from:
• New Zealand Bill of Rights Act 1990
• Health and Disability Commissioner Act 1994
• Education Act 1989
• Employment Relations Act 2000
• (Definition of Marriage) Amendment Act 2013
1. The school opposite Kendal’s house is refusing to enrol her daughter, even
though the child is 6 years old and lives in the correct zone.
2. Mary works at the local district court. She is refusing to issue a ‘Notice of
Intended Marriage’ to Gerard and Hunter because they are both males and she
disagrees with same-sex marriage.
3. John uses a wheelchair. The wheelchair ramp at his local library is broken.
The library staff have said that they will arrange for it to be fixed at a later date
because there is no money in the library budget to pay for the repairs.
4. Adam has been charged with theft. He has not been advised by the Police of his
right to a lawyer.
5. Sarah works at a fast food restaurant. Her manager has told her that she won’t
be able to work on the counter anymore because she has pimples on her face
and it ‘puts customers off their food.’

9
LESSON 2:
Discrimination
Learning Objectives
In this lesson you will learn the following things about discrimination.
The types of discrimination that are unlawful
Key areas where it is unlawful to discriminate
The Human Rights Commission will only consider claims of

discrimination if both of these criteria are met:
1. The person must have suffered a recognised type of discrimination
2. This discrimination must have occurred in a recognised area of
discrimination
The reason for the discrimination. For

Type of example, the discrimination may be
discrimination about a person’s gender, their skin
colour, or their sexual orientation.
The place where the discrimination

Area of occurred. For example, it may have
discrimination occurred at a school, a workplace, or
a public place.
A case of
+ =
Recognised Recognised discrimination that
type of area of the Human Rights
discrimination discrimination Commission can
help with.

10
LESSON 2: Discrimination
What types of discrimination are

unlawful?
Under the Human Rights Act 1993, there are 13 types (grounds) of
discrimination that are unlawful.
Types (grounds) of discrimination
Sex Marital Ethical National

(gender) status beliefs origins
Colour Disability Religious Race

belief
Age Sexual Employment Family

orientation status status
Political
opinion
We will look at each of these types of discrimination.

11
Sex (gender)
You can’t discriminate against someone for being male, female, or
someone who has changed their gender (transgender).
Example
Mark applied for a job as a checkout
operator at a supermarket. He cannot be
refused employment just because he is a
male, even if the supermarket prefers to
employ female checkout operators.
Marital status
You can’t discriminate against someone for being:
• single
• married
• in a civil union (in legal terms, very similar to being married)
• in a de facto relationship (two people who live together in a
relationship but are not married or in a civil union)
• a widow or widower
• separated or divorced
Example
Alex applied to rent an apartment in town. The landlord cannot
stop him renting the apartment just because he is single. The
landlord may prefer to rent it to a married couple but if Alex is
willing to pay the rent and meet any other lawful requirements,
then the landlord cannot say no just because Alex is not married.
Try it for Read the following advertisement and answer the

Yourself questions:
Wanted
Handyman to help with small repairs around the farm
and to work in our large garden. Not suitable for women
because some heavy lifting and use of machinery required.
Ph. 999 8888
Continued on next page...

12
1. On what grounds do you think the above advertisement discriminates?
2. Rewrite the advertisement so that it does not discriminate against anyone.
Religious belief
You can’t discriminate against someone for their religious beliefs.
Example
Chris was asked about his religious
beliefs at a job interview. If the answer to
this question influenced the employer’s
decision, then the employer would be
discriminating against him.
Ethical belief
Ethical belief refers to your beliefs about certain moral questions,
such as global warming. You can’t discriminate against someone
because of their ethical beliefs. For example, you can’t be treated
unfairly just because you personally believe that global warming isn’t
a serious issue.
Example
Craig recently applied for the position as a team leader at a
factory. During the interview, he was asked about his opinions
on the proposed assisted dying (euthanasia) law. Craig was
surprised that such as strange question was asked at a job
interview. However, he answered saying that he thinks the law is
a good idea. A few weeks later Craig was told that he did not get
the job. When he asked why, the manager told him that he wants
to employ people that he agrees with on moral issues.
Craig has been discriminated against on the basis of ethical belief.

13
Try it for Read the following scenario and answer the question
Yourself that follows.
Chan asked to rent a shop in a building so she could sell Buddhist books, cards, and
other religious items. She also planned to hold meditation meetings at the shop. The
owner of the building said he would not rent the shop to Chan. He explained that groups
of religious people dressed in Buddhist clothing would put off the customers who visit the
other shops in the building.
Has Chan been discriminated against? Give reasons for your answer.
Colour, race, or ethnic or national origins

Colour, race, and ethnic or national origins are often considered together.
Colour: Colour refers to the colour of a person’s skin. You can’t treat
someone differently because of the colour of their skin.
Race or Ethnicity: Race and/or ethnicity refer to the group of
people that a person has descended from. For example, Chinese,
Maori, Caucasian and Indian are examples of different ethnic
groups. You can’t discriminate against people because they are
descended from a particular group of people.
National origins: National origins refers to the country that a
person was born in. You can’t discriminate against someone simply
because they were born in a particular country.
Example
Alice is from South Africa. She recently applied for a position at
a make-up counter at a department store. At the interview, the
interviewer told Alice that she is not the person they are looking
for because her skin is too dark. Alice has been discriminated
against because of her skin colour.

14
Disability
Disability covers a wide range of conditions including the following:
• physical disability, eg being deaf or only having one arm
• physical or mental illness, eg suffering from depression
• reliance on a guide dog, wheelchair, or other similar supports
• serious illnesses such as HIV or hepatitis.
It is against the Human Rights Act 1993 to discriminate against
someone because of a disability. There are some exceptions to this,
which will be covered later on in this lesson.
Example
Megan has an eyesight problem. When she sits exams she is
not able to read her exam papers, and write and review her
answers, in the same time as everyone else. Her school or
training organisation should make an allowance for her disability
by giving her extra time at the beginning of her exams. If they
don’t do this, they could be discriminating against her on the
grounds of her disability.
Read the two scenarios below. On what grounds have

Try it for
Katie and Peter been discriminated against? Write your
Yourself answer in the box on the right.
Scenario Grounds of
discrimination
1. Katie is partly deaf. She enjoys outdoor pursuits and recently
decided that she would like to learn kayaking. She applied
to enrol in a basic kayaking course but was refused entry
because of her hearing problem. Katie has completed other
outdoor recreation courses and knows that her hearing
would not affect her performance in the course. She wants to
discuss potential health and safety issues with the manager of
the course, but he is refusing to talk with her.
2. Peter came to New Zealand from Korea with his parents when
he was three years old. He is now sixteen. Peter wanted to join a
Kapa Haka group at his High School as he is interested in Maori
culture. The teacher is not willing to allow Peter to join the group,
as she thinks he wouldn’t understand the cultural differences.

15
Age
Protection against age discrimination applies to anyone who is 16
years and over. The following situations could be considered to be
age discrimination.
• Preventing a person from participating in an activity because
they are too old.
• Preventing a person from participating in an activity because
they are too young (this does not apply if the person is under
16 years old)1
Example
Mavis, who is 67, applied to join a hiking club in her community.
The President of the hiking club refused her application because
of her age. This is discrimination because the President of the
hiking club is only considering her age, not her fitness levels and
health.
Political opinion
You can’t discriminate against someone for supporting a political
party or having a political opinion about the policies and actions of
government.
Example
Stacey and her friends are supporters
of the Green Party. They have
decided to have a meeting at a local
café in town where they will share
their ideas about how to best support
the Green Party for the upcoming
elections. The owner of the café
cannot refuse entry to Stacey and her
friends just because they support a
certain political party.
Employment status
You can’t discriminate against someone for being employed,
unemployed or for receiving a benefit (financial assistance from the
government).
1
Note: There are some obvious exceptions to this. For example, a person under 18 is not
permitted to vote or to drink alcohol. You will learn more about exceptions to discrimination in
the next section

16
Example
Sarah is an unemployment
beneficiary who is applying for a job
at a supermarket. She has an equal
right to be considered for the job as
someone who is not on the benefit.
Try it for
Work in pairs. Read the following scenario.
Yourself
Aroha and Dean are both qualified marine mechanics. Dean has worked for one year and
Aroha has worked for two years. They both apply for a job with a boat repairs business
where they will be required to work with boat engines. Aroha gets the job. Dean feels his
experience was well suited to the job and he thinks the employer chose Aroha just because
she was a woman. When Dean asks the employer why he didn’t get the job, the employer
says that Aroha has more experience than Dean and is better qualified for the job.
Write down your thoughts on whether you think Dean was discriminated against.
Family status
You can’t discriminate against someone because they:
• have children
• don’t have children
• are married to a particular person
• in a civil union or de facto relationship with a particular person
• are a relative of a particular person.

17
Example
Karen has offered to be on a church fundraising committee in
her community. The committee has refused her offer because,
“she is too busy with her family to deal with fundraising
matters.” Karen has been discriminated against because of her
family status.
Sexual orientation
You can’t discriminate against someone because they are
heterosexual, homosexual, lesbian, or bisexual.
Example
John and Andrew are a gay couple. A landlord can’t prevent
them from renting his house just because they are homosexual.
Try it for
Work in pairs. Read the following scenario.
Yourself
Jenny applied for a job as an assistant manager at a shoe shop. She recently got married
and wants a promotion and more pay (she is a sales assistant at a different store). She
didn’t get the job.
A friend told Jenny that the successful job applicant was not as well qualified or experienced
as Jenny. When Jenny asked why she didn’t get the job, the manager told her that as she
had just married, Jenny may want to start a family soon. And, for this reason he thought
she wouldn’t stay in the job for very long.
Write down your thoughts on whether you think Jenny was treated fairly or unfairly.
On what grounds do you think Jenny is being discriminated against?

18
Areas of discrimination
There are some areas where discrimination is not unlawful. For

example, it is not unlawful to discriminate against a person in your
own home.
However, it is unlawful to discriminate against someone in the
following areas.
Areas of discrimination
Access to
Access to Employment
education
public places,
vehicles, and
facilities
Provision of
Provision Other areas of
goods and
of land, public life
services
housing, and
accommodation
We will now look at each of these areas, including exceptions to

these areas.
Exceptions
An exception is a specific situation that does not apply to a rule
or law. There are many exceptions to the rules outlined in the
Human Rights Act 1993. For example, it is not discrimination to
have male-only and female-only toilets.

19
Access to education
Access to education refers to the option to enrol in a pre-school,
school, polytechnic, university, or other education organisation.
What is the law? No pre-school, school, polytechnic, or

university can refuse to let someone become
a student due to the types of discrimination
outlined in the Human Rights Act 1993. They
must treat all people fairly.
Example It would be unfair to charge a child of Chinese
descent, who is a New Zealand citizen,
a higher school fee just because of their
Chinese ethnicity.
Exceptions It is okay to have girls-only and boys-only
schools.
It is okay to have schools that admit children
based on their ages.
It is okay to accept only those students who
belong to a certain religion if the school is a
religious school.
Access to public places, vehicles, and facilities

Access to public places, vehicles, and facilities refers to allowing
people to be in the following places.
• Shared public spaces, such as parks and shopping areas
• Public transport such as buses and trains
• Other facilities such as public toilets, public libraries, and
swimming pools
What is the law? A person or organisation cannot stop anyone

using a public place or vehicle because of any
of the types of discrimination outlined in the
Human Rights Act 1993.
Example It would be discriminatory for a person to be
refused entry onto a bus because of the colour
of their skin.
Exceptions Separate facilities for men and women are
allowed, such as public toilets or swimming
pool changing rooms.

20
Employment
Employment refers to getting a job and working in that job.
What is the law? An employer cannot use any of the types of

discrimination to do the following:
• refuse to employ someone
• offer someone worse terms of
employment than other similar
employees get (eg lower pay, worse
work conditions, fewer opportunities
for training or promotion)
• make someone retire or resign.
Example An employer can’t lawfully pay a person less
just because they are a woman.
Exceptions An employer can specifically advertise and/or
employ a man if the job genuinely requires a
man (or a woman if the job requires a woman).
For example, if a film requires a male actor
for a role, then a film company can reject a
woman applicant based on her gender.
Provision of good and services

Provision of goods and services means giving or selling goods and
services.
What is the law? You can’t use any of the types of discrimination
to stop someone getting or receiving goods,
services, or have access to facilities.
You also can’t provide them on less favourable
terms or conditions.
Example A car salesperson can’t refuse to sell a car to a
person just because of their age. If an 18-year-
old wants to buy a car and has the money, by
law the salesperson has to sell it to him.
Exceptions Businesses that sell alcohol must refuse sale
of alcohol to minors.
Businesses that sell alcohol must refuse to sell
alcohol to someone who is intoxicated (drunk).
Specific age and disability criteria must be met
to be provided with government assistance,
such as meals on wheels.

21
Provision of land, housing, and accommodation

Provision of land, housing, and accommodation refers to:
• selling and buying land
• leasing land
• renting out houses
• provision of hotels, motels, and other types of short-term
accommodation
What is the law? You cannot use any of the types of

discrimination to do the following:
• refuse to sell, lease, or rent land to a
person
• supply land, housing, or business
accommodation to a person on less
favourable terms and conditions
• make a person leave or sell any land,
housing, or accommodation.
Example If a hotel operator refuses to allow gay couples
to stay at his hotel, he is discriminating against
them.
Exceptions Some retirement villages are allowed to
specify the age of people who can purchase
accommodation at the village.
Some hostels are for females only. This is
allowed under the Human Rights Act 1993.

22
Other areas of public life

• Participation in professional groups or associations
• Charities (referred to as qualifying bodies in the Human
Rights Act 1993)
• Other training organisations (that are not considered
educational organisations)
What is the law? Professional groups, training organisations,

and charities cannot use any of the types of
discrimination to exclude a person.
Example A training organisation would be acting
unlawfully if they stopped a woman from
joining their business management course just
because she is pregnant.
Exceptions • A charity only has to benefit people who
match the purpose of the charity.
• A professional organisation may only
allow people within a certain age group or
gender to join their organisation.
• A professional organisation may only
allow one gender to participate in their
organisation. For example, many sports,
teams are male-only or female-only.
Read the scenarios below. For each scenario do the

Try it for following.
Yourself • Name the type of discrimination
• Name the area of discrimination
• Say whether the discrimination is unlawful or not, and
give a reason.
Scenario 1: Jim is starting his first year at university. He didn’t want to go flatting so has taken
a room in a university hostel. He notices that a women-only hostel is newer and is in a quieter
area of town. He feels that, as a man, he is being discriminated against by not being able to
take a room at the other hostel. He complains to the university accommodation manager.
Type of discrimination:
Area of discrimination:

23
Has unlawful discrimination occurred? Why? Why not?
No. One lawful exception to the Human Rights Act 1993 is separate living
areas for males and females in some situations.
Scenario 2: An advertisement in a local paper for an advanced Te Reo Maori course is

restricted to people of Maori ancestry only. The advertisement states that the course
requires people to know about Maori customs and traditions, and therefore only Maori are
invited to attend. The tutor advertising the course has had a number of complaints about the
advertisement by non-Maori wishing to enrol. One person who has complained has studied
Maori at school for five years. She believes she has the ability to participate in the course.
Scenario 3: Judith applies for a job as a secretary with a large union organisation. At the
interview the manager asks her who she will be voting for at the next election. She isn’t
comfortable with the question and tells the manager she isn’t sure. The manager makes
it clear she needs to support the same party he does for them to work well together.

24
LESSON 3:
Social and Economic

Effects of Discrimination
Learning Objectives
In this lesson you will learn about the following effects of discrimination.
Social effects of discrimination
Economic effects of discrimination
Social effects of discrimination
Social effects mean how discrimination affects people’s feelings and

behaviour, and their relationships with other people.
Try it for Write down some social effects that you think
Yourself discrimination may cause.

25
LESSON 3: Social and Economic Effects of Discrimination
Some social effects of discrimination are listed in the following

diagram.
Social Effects of Discrimination
Low
self-
Loneliness and esteem and/or
isolation Mistrust or depression (can
suspicion of cause loss of
others motivation)
Lower
health status
(due to poorer
Lower level Crime
access to health
of education
services, and
(leaving school
poverty)
early)
I used to work for an employer that would

leave me out of team activities because of my
ethnic origins. It has taken me a long time to
build up trust towards my current employer.
I am often nervous that he is also going to
discriminate against me too.
A few years ago I was part of a rugby team

in the rural area where I live. When the coach
found out I was gay, he openly made jokes
about me. It was so intense that I decided to
leave the team. Since this time I have felt really
isolated – I no longer have a community to be
part of.

26
Read the following scenario.
Ryuichi came to New Zealand with his

parents from Japan when he was five
years old. He is now 22 and is on the
unemployment benefit. Ryuichi applied for
a full-time job at a fast food restaurant. The
manager rejected his application on the basis
that his “English would not be as good as a
‘real’ New Zealander’s”. Ryuichi has spoken
fluent English since he was six years old.
Ryuichi has been treated unfairly because of his ethnicity and race.
The social effects Ryuichi may suffer as a result of this
discrimination could include the following:
• lower self-esteem because he is made to feel that he isn’t as
good as other New Zealanders
• anger because he didn’t get the job which would have been
a good part time job
• mistrust of other employers at future job interviews.
Try it for
Yourself
Christine has applied to enter a one-year course at a local

university. During the entry interview Christine was asked if she
has any children. She replied that she has two children who are six
and four. The person conducting the interview said that she would
probably find it too difficult to complete the course as she had
two young children. She was declined entry into the course for this
reason. Christine took the case to the Human Rights Commission
and it was decided that she was discriminated against.
Describe the social effect this discrimination may have on Christine.

27
Economic effects of discrimination
Economic effects refer to the way that discrimination affects the

financial situation of individuals and groups.
Example
An unemployed person may face discrimination when trying
to find a job (because they are unemployed). It may be harder
for this person to find a job so they may have to rely on a
government benefit for longer. Even when they do find work, it
is likely to be a low-paid job because they have been out of the
workforce for a while.
Try it for Write down some economic effects that you think
Yourself discrimination may cause.

28
Some economic effects of discrimination are listed in the following

diagram.
Economic Effects of Discrimination
Difficulty
Difficulty getting getting
jobs Difficulty promoted to a
getting a pay higher position
increase
Difficulty
Lower level of getting
education (leading adequate housing
to difficulty to or accommodation
getting a job) (location and
quality)
It is really difficult for women in our community

to get well-paid jobs. Often employers
disregard our applications as soon as they
discover we are from China. This has a
significant impact on our economic situation. It
is really hard for us to survive on low incomes,
we can’t get ahead financially.
I have been on the same wage for the past five

years. My workmates who started at a similar
time to me have all had pay increases, but I
have not. I talked to my boss about this and he
said that I should be thankful to have work. He
said this is much better than what I would be
earning if I stayed in the Congo.

29
Review the following scenario about Ryuichi.
Ryuichi came to New Zealand with his

parents from Japan when he was five
years old. He is now 22 and is on the
unemployment benefit. Ryuichi applied for
a full-time job at a fast food restaurant. The
manager rejected his application on the basis
that his “English would not be as good as a
‘real’ New Zealander’s”. Ryuichi has spoken
fluent English since he was six years old.
Ryuichi has been treated unfairly because of his ethnicity and race.
The economic effects Ryuichi may suffer as a result of this
discrimination could include the following:
• lost opportunity to get a paying job
• a longer period of time on a government benefit
• inability to get ahead and save money.
Try it for Review the following scenario.

Yourself
Christine has applied to enter a one-year course at a local

university. During the entry interview Christine was asked if she
has any children. She replied that she has two children who are six
and four. The person conducting the interview said that she would
probably find it too difficult to complete the course as she had
two young children. She was declined entry into the course for this
reason. Christine took the case to the Human Rights Commission
and it was decided that she was discriminated against.
Describe an economic effect this discrimination may have on Christine.

30
LESSON 4:
Responding to
Discrimination
Learning Objectives
In this lesson you will learn about ways to respond to discrimination.
You will learn about the following.
Agencies that can help with discrimination problems
A process that can be followed to deal with discrimination

31
LESSON 4: Responding to Discrimination
Which agencies can help with

discrimination problems?
There are a number of agencies that can help people if they feel they
have been discriminated against. The main agency is the Human
Rights Commission.
The contact details and services offered by the Commission are
noted below.
Name Human Rights Commission

Services offered Looks into problems concerning human rights.
Helps to deal with discrimination problems.
Location Auckland (there are also offices in Wellington and Christchurch)
Website https://www.hrc.co.nz/
Contact details Level 4, Tower Centre, 45 Queen Street, Auckland
PO Box 6751, Wellesley Street, Auckland 1141
Free phone: 0800 496 877
Fax: 09 377 3593
e-mail: infoline@hrc.co.nz
Go to the website of the Human Rights Commission.

Try it for 1. Spend some time reading through the different pages
Yourself on the website.
2. Write down two things that you have learnt about the
Human Rights Commission.
1.
2.

32
There are also other agencies that may help you, if you feel you have
been discriminated against. Three agencies, and their services and
contact details are listed below.
Name Age Concern New Zealand

Services offered Supports the rights and wellbeing of older people.
Gives information on the rights of older people.
Location Wellington (national office, but branches in many other towns and cities)
Website www.ageconcern.org.nz
Contact details Level 4, West Block, Education House, 178 Willis
Street, Wellington, 6143
PO Box 10-688, Wellington 6143
Telephone: 04 801 9338
Fax: 04 801 9336
Name Health and Disability Commissioner

Services offered Helps people with disabilities, and protects their rights.
Deals with discrimination complaints.
Arranges support people for disabled people.
Location Auckland (an office in Wellington also)
Website www.hdc.org.nz
Contact details Level 10, Tower Centre, 45 Queen St, Auckland 1010
PO Box 1791, Auckland
National Freephone: 0800 11 22 33
E-mail: hdc@hdc.org.nz
Name Department of Labour Mediation Service

Services offered Gives advice on employment disputes, including
disputes related to discrimination.
Provides mediation services in relation to employment disputes.
Can refer people to the Human Rights Commission if necessary.
Location Offices in Auckland, Hamilton Wellington,
Christchurch, Napier, Dunedin, Palmerston North
Website www.employment.govt.nz/er/services/mediators/
mediationservices.asp
Contact details Auckland address: Level 8, 280 Queen St,
PO Box 90172, Auckland 1030
National Freephone: 0800 20 90 20

33
Draw a line between the people described on the

Try it for left and the correct agency on the right. Choose the
Yourself agency that is best suited to the person and the type of
discrimination they have experienced.
You may choose more than one type of agency for each
person.
Person discriminated against

Human Rights Commission
because they are over 60
Person discriminated against

Age Concern New Zealand
because they have one leg
Person discriminated against Health and Disability

because of their religious belief Commissioner
Person discriminated against Department of Labour

in their workplace Mediation Service
Choose one of the following organisations.

Try it for • Age Concern New Zealand
Yourself • Health and Disability Commissioner
• Department of Labour Mediation Service
Go to the website of your chosen organisation.
1. Spend some time reading through the different pages on the website.
2. Write down two things that you have learnt about the organisation you have chosen.
1.
2.

34
What process can be followed to

deal with discrimination?
There are a number of steps that you can take if you think you are
experiencing discrimination.
1 Do some research Potential Outcomes

You may discover that you are not
dealing with a case of unlawful
Find out if you are being unlawfully discriminated discrimination, and decide not to take
against. any further steps.
You could contact the Human Rights Commission OR
for their general advice, or you could do some You may discover that you are dealing with
research on the internet, such as on the Human a possible case of unlawful discrimination,
Rights Commission’s website. and decide to take further steps.
2 Contact the person or organisation involved Potential Outcomes

The person or organisation that you
talk to might resolve the issue.
Contact the person or organisation who appears to
OR
be discriminating against you. Tell them in a polite
way that you think they are acting unlawfully. Ask The person or organisation may
refuse to acknowledge (and resolve)
them to resolve the situation.
the issue.
You could contact the person or organisation by
meeting them face-to-face or you could write to
them.
3 Contact the Human Rights Commission (or other agency) Potential Outcomes
The person or organisation may
agree to the recommendations of the
Make a formal complaint with an agency that can agency.
help with discrimination issues.
The person or organisation may
The agency will either give you more advice or refuse to follow the recommendations
invite both groups involved to a meeting to discuss of the agency.
the issue.
4 Decision by the Human Rights Review Tribunal Potential Outcomes

The Tribunal may decide that the person
or organisation is guilty of discrimination.
If you have filed a complaint with the Human The person or organisation may be
Rights Commission or the Health and Disability required to apologise, pay a fine, or
Commissioner, you may be able to take an unresolved give a specific benefit to you.
case to the Human Rights Review Tribunal. OR
The Tribunal will hear both sides of the situation The Tribunal may find that there is no
and make a decision. actual case of discrimination. The case
will be finished with no option to appeal.

35
This is just one possible process that you could follow to resolve the
issue. There are many different approaches that you could take.
It is often best to try to deal with discrimination yourself first, before
you ask an agency to get involved. Look at the following examples
of possible ways to solve discrimination issues without the help of
an agency like the Human Rights Commission.
Example 1
Informally Write a letter Arrange a formal

ask person to the person meeting with
to stop the asking them to the person to
discrimination stop discuss the issue
Example 2
Write a letter Ask a community Arrange a

to the person leader to speak meeting with the
asking them to to the person on person and the
stop your behalf community leader
Case Study
Sally applied for a position as a car
groomer, cleaning and polishing cars
and trucks. When she turned up for the
interview, she was told by the business
owner, Jack, that females were not being
considered for the position.
Sally knew she could do the job as she had
worked for another car groomer previously.
She felt Jack had treated her unfairly
because she is a woman.

36
Sally works through the following steps to deal with her unfair
treatment.
1 Sally has thought about what happened and has talked to her
family and friends. They all agree she was discriminated against
because she is a woman. Sally decides she will talk to Jack.
She phones to make an appointment to see him. When Jack
asks why she wants to see him, Sally explains she felt Jack
treated her unfairly because she is a woman. Unfortunately,
Jack gets angry with Sally, refuses to make a time to see her
and ends the phone call.
2 Sally is now feeling even more upset but she also wants
to sort out the problem. She doesn’t want Jack to keep on
discriminating against women when employing staff.
Sally talks to her neighbour, the local high school principal, Mrs
Scott, and explains what has happened. She tells Mrs Scott
that she doesn’t feel she could work for Jack now but would
like to make sure Jack didn’t discriminate against other woman
in future. Mrs Scott offers to talk with Jack to arrange a meeting
with Sally.
When Mrs Scott visits Jack’s business he explains that he was
protecting women from a job they would find difficult. He said
that the job requires a high level of physical fitness and strength,
particularly when cleaning trucks. When Mrs Scott points out
Sally’s previous job as a car groomer Jack says it was not the
same type of work. Jack becomes angry, refuses to meet with
Sally, and tells Mrs Scott to mind her own business.
Mrs Scott recommends that Sally makes a complaint to the
Human Rights Commission.
3 Sally calls the Human Rights Commission and explains what

has happened. They agree she has been discriminated against
on the grounds of gender (in this case, because she is a
woman).
George is the person who will look into the situation for Sally
and he contacts Jack to get his side of the story.
George then talks to Sally to see what she wants Jack to do, to
sort out the problem. Sally says she would like an apology from
Jack for the discrimination against her. She would also like him
to apologise to Mrs Scott for the way he spoke with her when

37
she was only trying to help.

George speaks to Jack again, who says that he realises women
would be suitable for the job as a car and truck groomer in his
business.
Jack agrees to the outcomes Sally requested.
What happens if the dispute is not resolved by Step 3?
If the complaint hasn’t been sorted out by the third step, then
it can be heard by the Human Rights Review Tribunal. The
Human Rights Review Tribunal is able to hear a complaint and
make a decision. It has the powers of a court of law.
Read the following scenario. Describe a process of

Try it for three steps that Ahmed could follow to deal with the
Yourself issue. Explain what the possible outcomes of each step
would be.
Ahmed has applied to enter a cookery course at his local

polytechnic. As part of his application, he attends an interview.
At the interview, Ahmed was asked if he was Muslim. Ahmed
replied that he was Muslim. The interviewer said that the course
would not be suitable for Ahmed because students would be
cooking with pork, a meat which Muslims do not eat. Ahmed said
that he was willing to cook pork, although he would not eat any.
The interviewer did not listen to Ahmed, and Ahmed was denied a
place in the cookery course.

38
STEP 1: Potential Outcomes

39
Glossary
accommodation a room, group of rooms, or building in which someone may live or stay
appeal apply to a higher court for a reversal of the decision of a lower court
citizen a person who is legally allowed to live in country permanently
entitled the right to be given something
euthanasia the painless killing of a patient suffering from an incurable and painful
disease or in an irreversible coma
exceptions a specific situation that does not apply to a rule or law
express show, share your thoughts and opinions
facilities a place or piece of equipment that is provided for a particular purpose
favourable giving an advantage to someone
initial first
lease a contract where one party offers land, property, services, etc. to another
party for a time, usually in return for a periodic payment.
policy a course or principle of action adopted or proposed by an organisation or
individual
promoted raise (someone) to a higher position or rank
qualifying bodies may include: a charity, an institution of higher education such as a
university, a scientific research organisation or a health service body
racial disharmony making public statements that are discriminatory towards one or more
races
recognised acknowledge the existence of
resolved settle or find a solution to a problem
valid reasonable, a strong argument

21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
© ATC New Zealand


542v6a Learners Guide

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

542v6a Learners Guide

Caricato da

Copyright:

Formati disponibili

US 542 v6a

SOCIAL AND COOPERATIVE

Unit Standard 542

US542v6a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US542v6a Learner's Guide

US542v6a Learner's Guide Licensed to Western Heights High School

Discrimination and Human Rights 2

Social and Economic Effects of Discrimination 24

Licensed to Western Heights High School US542v6a Learner's Guide

Other laws that deal with discrimination in New Zealand

What is the meaning of human

Examples of human rights

The right The right The right

US542v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Discrimination and Human Rights

Universal Declaration of Human Rights

Access the internet and read the Universal Declaration of

Licensed to Western Heights High School US542v6a Learner's Guide

LESSON 1: Discrimination and Human Rights

What is the meaning of

When someone is discriminated against, they are treated unfairly or

Being Not being

Has Alice been discriminated against? Why?

US542v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Discrimination and Human Rights

What is the Human Rights Act 1993?

Functions of the Human Rights Act 1993

Purpose of the Human Rights Act 1993.

Licensed to Western Heights High School US542v6a Learner's Guide

LESSON 1: Discrimination and Human Rights

1. The Act 1993 deals with Human Rights and unlawful

2. The Act describes a number of types of discrimination that are .

3. One organisation that deals with discrimination is the

4. An organisation that deals with serious discrimination issues is the

5. The Human Rights Act outlines how can be resolved.

6. The of the Human Rights Act 1993 is to protect people and

groups from discrimination.

Some countries do not have a law like the Human Rights

US542v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Discrimination and Human Rights

What other laws deal with

Other laws that deal with discrimination

New Zealand Bill of Rights Act 1990

Health and Disability Commissioner Act 1994

Education Act 1989

Employment Relations Act 2000

Marriage (Definition of Marriage) Amendment Act 2013

Licensed to Western Heights High School US542v6a Learner's Guide

LESSON 1: Discrimination and Human Rights

US542v6a Learner's Guide Licensed to Western Heights High School

The Human Rights Commission will only consider claims of

The reason for the discrimination. For

The place where the discrimination

Licensed to Western Heights High School US542v6a Learner's Guide

What types of discrimination are

Types (grounds) of discrimination

Sex Marital Ethical National

Colour Disability Religious Race

Age Sexual Employment Family

We will look at each of these types of discrimination.

US542v6a Learner's Guide Licensed to Western Heights High School

Try it for Read the following advertisement and answer the

Continued on next page...