How to Tell If You’re Being Discriminated Against at Work

Discrimination at work can be subtle or obvious, but in any form, it’s unlawful under New Zealand employment law. If you feel like you’re being treated unfairly compared to your colleagues, you might be experiencing workplace discrimination.

Discrimination happens when an employer treats you unfairly because of certain personal characteristics, rather than your skills or work performance. Under the Human Rights Act 1993 and the Employment Relations Act 2000, it is illegal for an employer to discriminate against you based on:

• Race, ethnicity, or nationality

• Gender, sexual orientation, or gender identity

• Religion or political beliefs

• Disability or health conditions (including mental health)

• Age

• Pregnancy or family status

• Marital status

Discrimination can happen in hiring, promotions, pay, training opportunities, or even day-to-day treatment at work.

5 signs you might be facing discrimination at work:

1. Being treated differently without good reason. If colleagues in the same role are treated better (e.g., getting better shifts, pay rises, or promotions) and there’s no valid reason.

2. Offensive comments or behaviour. Jokes, insults, or stereotypes about your race, gender, religion, or disability.

3. Unfair disciplinary action. Being singled out for warnings or negative performance reviews while others get away with the same behaviour.

4. Being excluded or ignored. Being deliberately left out of meetings, work events, or opportunities that others get, and the reason seems linked to a protected characteristic.

5. Pay gaps or unequal opportunities. Colleagues of a different gender, race, or background being consistently paid more or promoted faster despite having similar experience and performance.

Not all treatment that feels unfair is discrimination. Employers can make decisions based on performance, qualifications, or business needs—as long as they are not influenced by discriminatory factors. For example:If you’re passed over for a promotion because another employee is more qualified, that’s not discrimination. If you're being disciplined for poor performance or misconduct, and others in the same situation face similar consequences, it’s likely fair and legal.

If you suspect workplace discrimination, you should document everything, raise your concerns informally with your manager or HR, and make a formal complaint if the informal steps don’t work.  

Discrimination at work is illegal, and you don’t have to tolerate it. If you feel like you’re being treated unfairly because of your race, gender, age, disability, or another protected characteristic, you have legal protections. Talking to an employment advocate can help you understand your rights and next steps.  mathewswalker.co.nz | 0800 612 355 

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.