Languages
Legal Protection
Under the Racial Discrimination Act, treating someone differently because of the language that they speak may be against the law in some circumstances. Discriminating against someone on the basis of their race or ethnic origin is against the law, and language may be directly linked to ethnic background.
For example: Two employees were speaking to each other in the lunchroom in their first language, which was not English. The manager asked them to stop speaking in their first language and said that staff had to speak English at all times. This could be racial discrimination.
Employer's Obligations
Employers have a legal responsibility to take all reasonable steps to prevent racial discrimination.
Employers should clearly state in a job description the essential skills required for the job for example, ‘high level spoken English’, rather than discriminating based on factors linked to race, such as language.
- Explore the Workplace Cultural Diversity Tool
- Commit to learning to address racism in a meaningful way on the It Stops With Me website
- Review the Guideline for Employers regarding the targeted recruitment of Aboriginal and Torres Straight Islander peoples
- Understand the Australian Human Right's Commission work on Race Discrimination
- Review the Australian Human Rights Commission's Anti-Racism Framework