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Employment Law, Compliance & Worker Rights

What is a Racism in the workplace?

Updated 20 Jan 2026 5 min read

Racism in the workplace refers to discrimination, harassment, or prejudice against employees based on their race, colour, descent, national origin, or ethnic background. In Australia, racial discrimination is prohibited under the Racial Discrimination Act 1975, state anti-discrimination laws, and the Fair Work Act. This includes both direct acts and systemic barriers that disadvantage people of certain racial backgrounds.

Understanding workplace racism

Workplace racism can take many forms, from overt acts of discrimination to subtle microaggressions and systemic barriers. All forms are harmful and unlawful in Australia.

Direct racism

  • Racial slurs or abuse
  • Not hiring due to race
  • Exclusion from opportunities
  • Different treatment/conditions

Indirect/systemic racism

  • Biased recruitment processes
  • Culturally exclusive practices
  • Stereotyping in decisions
  • Unequal access to development

Multiple laws protect against racial discrimination in Australian workplaces:

Applicable legislation

Racial Discrimination Act: Federal protection
Fair Work Act: General protections
State laws: Anti-discrimination acts
WHS laws: Psychosocial hazards

Where racism can occur

Racial discrimination can happen at any stage of employment:

  • Recruitment: Screening out names, assumptions about language skills
  • Selection: Bias in interviews, "cultural fit" as proxy for race
  • Conditions: Different pay, benefits, or treatment
  • Rostering: Less favourable shift allocation
  • Promotion: Overlooking qualified candidates
  • Daily work: Harassment, exclusion, microaggressions
  • Termination: Targeting for redundancy or dismissal

Racial vilification

Public racial vilification (inciting hatred, serious contempt, or severe ridicule based on race) is also unlawful and can result in civil and criminal penalties. The Australian Human Rights Commission provides information on racial vilification protections.

Creating an inclusive workplace

Preventive measures

  • Anti-racism policies and training
  • Diverse recruitment panels
  • Blind resume screening
  • Cultural awareness programs

Response framework

  • Clear complaints process
  • Thorough investigation
  • Protection from victimisation
  • Appropriate consequences

Common workplace racism mistakes

"Cultural fit" bias

Using "cultural fit" as a reason to exclude candidates who are qualified but from different racial or ethnic backgrounds.

Tolerating "casual" racism

Not addressing racial jokes, comments, or stereotyping that staff may dismiss as harmless or unintentional.

No diverse leadership

Failing to address systemic barriers that prevent advancement of employees from diverse racial backgrounds.

Key takeaways

Racial discrimination in any form is unlawful in Australian workplaces. Employers must take proactive steps to prevent racism, respond appropriately to incidents, and create genuinely inclusive cultures.

Fair systems support diversity. RosterElf helps ensure equitable shift allocation based on objective criteria—availability and skills—supporting fair treatment for all team members.

Frequently asked questions

RosterElf Team

Written by

RosterElf Team

The RosterElf team comprises workforce management specialists with deep expertise in Australian employment law, rostering best practices, and payroll compliance. Our team works directly with businesses across hospitality, healthcare, retail, and service industries to develop practical solutions for common workforce challenges.

General information only – not legal advice

This glossary article about racism in the workplace provides general information about Australian employment law and workplace practices. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.

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