Gender Discrimination

Gender discrimination encompasses any unfair treatment based on a person's gender, including assumptions about capabilities, career commitment, or appropriate roles. It can manifest in hiring decisions, promotion opportunities, pay disparities, work assignments, or workplace culture that creates a hostile environment for certain genders.

Direct discrimination is straightforward—being told you won't get a promotion because you're a woman, or being paid less than male colleagues for identical work. Indirect discrimination is more subtle but equally illegal, such as policies that appear gender-neutral but disproportionately disadvantage one gender, like requiring extensive travel for roles when this isn't essential.

Gender discrimination also includes treatment related to pregnancy, parental responsibilities, or assumptions about family commitments. Comments like 'she'll probably have kids soon' or 'working mothers aren't as dedicated' constitute discrimination, even if presented as casual observations.

The law recognises that discrimination doesn't always involve malicious intent. Well-meaning employers can still discriminate through unconscious bias, outdated policies, or failure to recognise how their practices affect different genders unequally.

Gender discrimination often follows predictable patterns that can help you identify when you're experiencing unlawful treatment. Pay attention to whether opportunities, feedback, or expectations differ based on gender rather than performance or qualifications.

Common patterns include men being fast-tracked for leadership roles while equally qualified women are overlooked, women being assigned administrative tasks regardless of their job description, or assumptions that women will be less committed after having children. You might notice that men's ideas are taken more seriously in meetings, or that women face criticism for being 'too aggressive' while men are praised for the same behaviour.

Pregnancy-related discrimination is particularly common, including being passed over for projects or promotions once pregnancy is announced, having job security questioned, or facing pressure to disclose family planning intentions during interviews or performance reviews.

Document these patterns by keeping records of meetings, emails, performance reviews, and any comments made about gender. Note who was present, what was said, and how the situation was handled. This documentation becomes crucial evidence if you decide to pursue legal action.

Under the Employment Relations Act and Human Rights Act, you have the right to work in an environment free from gender discrimination. This includes equal opportunities for advancement, fair compensation, and treatment based on merit rather than gender stereotypes.

Your employer has positive obligations to prevent discrimination, not just avoid it themselves. They must take reasonable steps to ensure their workplace is free from discriminatory behaviour, including addressing complaints promptly and implementing fair policies and practices.

You're protected from retaliation for raising discrimination concerns, whether through internal complaints or formal legal action. This means your employer cannot dismiss you, demote you, or treat you adversely for speaking up about discrimination in good faith.

If you're experiencing discrimination related to pregnancy or family responsibilities, you have additional protections under parental leave legislation. Employers cannot make assumptions about your commitment or capabilities based on pregnancy or parental status.

These rights apply regardless of your employment status—whether you're permanent, fixed-term, casual, or even during recruitment processes. The law also protects you from discrimination by colleagues, clients, or other third parties if your employer fails to address the situation appropriately.

Strong evidence is essential for any discrimination claim, so start documenting incidents as soon as you recognise a pattern of unfair treatment. Keep detailed records of discriminatory comments, decisions, or actions, including dates, times, locations, and witnesses present.

Save all relevant emails, text messages, and written communications that demonstrate discriminatory treatment or attitudes. This includes performance reviews, meeting notes, job advertisements, and any internal policies that may be applied unfairly based on gender.

Comparative evidence is particularly powerful—document how colleagues of different genders are treated in similar situations. If men receive different opportunities, feedback, or consequences for the same behaviour, this strengthens your discrimination claim significantly.

Keep records of any complaints you make internally, including who you spoke to, when, and what response you received. If your employer fails to address discrimination complaints properly, this becomes additional evidence of their failure to meet their legal obligations.

Consider asking trusted colleagues to provide witness statements if they've observed discriminatory treatment. However, be mindful that this may put them in a difficult position, so approach this sensitively and only when necessary for your case.

Before pursuing formal legal action, you're generally expected to give your employer an opportunity to address discrimination through their internal complaint processes. Check your employment agreement and company policies for specific procedures you should follow.

When making an internal complaint, be specific about the discriminatory behaviour, provide examples with dates and witnesses, and clearly state that you believe you're experiencing gender discrimination. Put your complaint in writing and keep copies of all communications.

Your employer should investigate your complaint promptly and fairly, which includes interviewing relevant witnesses, reviewing evidence, and taking appropriate action if discrimination is found. They should also ensure you're not subjected to retaliation during or after the investigation.

If your employer's response is inadequate—whether they dismiss your concerns without proper investigation, fail to take corrective action, or allow retaliation to occur—this strengthens your position for formal legal action.

Remember that raising an internal complaint doesn't stop the 90-day time limit for filing a personal grievance, so don't delay seeking legal advice while waiting for internal processes to conclude. A lawyer can help you navigate both internal and formal processes simultaneously.

If internal processes fail to resolve the discrimination, you can file a personal grievance with the Employment Relations Authority. This formal legal process allows you to seek remedies including compensation, reinstatement, and orders requiring your employer to change their practices.

You must file your grievance within 90 days of the discriminatory act or when you first became aware of it. The Authority has discretion to accept late claims in exceptional circumstances, but it's risky to rely on this, so act promptly.

The grievance process typically involves mediation first, where a neutral mediator helps you and your employer try to reach a settlement. If mediation fails, your case proceeds to a formal hearing before the Employment Relations Authority.

During this process, you'll need to prove that discrimination occurred and demonstrate the impact it had on you. This is where your documentation and evidence become crucial. The Authority can order various remedies, including compensation for lost wages, hurt and humiliation, and changes to workplace policies.

Having legal representation significantly improves your chances of success in this process. Employment lawyers understand how to present discrimination cases effectively and can help you achieve the best possible outcome.

If you succeed in proving gender discrimination, the Employment Relations Authority has broad powers to order remedies that address both the financial and non-financial harm you've suffered. The goal is to put you in the position you would have been in if the discrimination hadn't occurred.

Financial compensation can include lost wages if discrimination affected your pay or career progression, reimbursement for costs you incurred (such as job search expenses), and compensation for hurt and humiliation. Hurt and humiliation awards recognise the emotional impact of discrimination and typically range from a few thousand to tens of thousands of dollars, depending on the severity.

Non-financial remedies might include reinstatement to your job if you were dismissed, promotion to a position you should have received, or orders requiring your employer to change discriminatory policies or practices. The Authority can also order training for management or other systemic changes.

In some cases, you might prefer a negotiated settlement rather than going through the full hearing process. Settlements can provide certainty and privacy while still achieving fair compensation and necessary workplace changes.

The amount of compensation depends on factors like the severity and duration of discrimination, its impact on your career and wellbeing, and your employer's response when the discrimination was raised. Your lawyer can help you understand what level of compensation might be appropriate for your situation.

Seek legal advice as soon as you recognise a pattern of gender discrimination, even if you haven't decided whether to take formal action. Early legal advice helps you understand your rights, document evidence effectively, and avoid common mistakes that could weaken your case.

Definitely get legal help if your employer dismisses your internal complaint without proper investigation, if you face retaliation for raising concerns, or if the discrimination is severe or ongoing. Don't wait until you're approaching the 90-day deadline to seek advice.

Legal representation becomes essential if you're filing a personal grievance or if your employer has their own lawyers involved. Employment law is complex, and having experienced legal representation levels the playing field and significantly improves your chances of success.

Consider getting legal advice if you're unsure whether what you're experiencing constitutes discrimination. Sometimes behaviour that feels wrong is indeed illegal, but it takes legal expertise to identify the specific laws being breached and the best way to address the situation.

Remember that many employment lawyers offer initial consultations to assess your case, and some work on contingency arrangements for strong discrimination claims. Don't let concerns about legal costs prevent you from seeking advice about your rights.