Workplace Discrimination in NZ — Your Rights (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
It's unlawful for an employer to discriminate against you on a prohibited ground. Section 21 of the Human Rights Act 1993 lists the grounds — including sex, marital status, religious belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, family status, and sexual orientation. Discrimination is banned across hiring, pay, conditions, training, promotion and dismissal.
You have a choice of route. You can complain to the Human Rights Commission (which offers free dispute resolution and can refer matters to the Human Rights Review Tribunal), or raise it as a personal grievance under the Employment Relations Act — but generally not both for the same issue. Sexual and racial harassment are specifically covered, and you're protected from being victimised for complaining.
When does it apply?
- You were treated worse because of a prohibited ground (e.g. age, disability, race, sex).
- You faced harassment at work.
- You were refused a job, pay or promotion on a discriminatory basis.
What to do about workplace discrimination
- Document what happened — dates, comments, decisions, witnesses.
- Choose your route: Human Rights Commission (0800 496 877) OR a personal grievance — not both.
- Use free mediation to try to resolve it.
- Escalate to the Human Rights Review Tribunal or Employment Relations Authority.
What should you NOT do?
- Don't run both processes at once for the same complaint — you must pick one.
- Don't delay — a personal grievance still has the 90-day clock.
About Workers' Rights in New Zealand
New Zealand employment law rests on the Employment Relations Act 2000 (good faith, personal grievances, bargaining), the Minimum Wage Act 1983, the Holidays Act 2003 (4 weeks' annual leave, public holidays, sick leave) and the Health and Safety at Work Act 2015. Most disputes start with free mediation through Employment New Zealand, then go to the Employment Relations Authority (ERA). The big deadline to remember is the 90-day window to raise a personal grievance.
Rates current as at 1 April 2026 — re-verify on employment.govt.nz before relying on them. Employment NZ: 0800 20 90 20. WorkSafe: 0800 030 040.
Common Questions
What is the discrimination at work right in New Zealand?
It's unlawful for an employer to discriminate against you on a prohibited ground. Section 21 of the Human Rights Act 1993 lists the grounds — including sex, marital status, religious belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, family status, and sexual orientation. Discrimination is banned across hiring, pay, conditions, training, promotion and dismissal.You have a choice of route. You can complain to the Human Rights Commission (which offers free dispute resolution and can refer matters to the Human Rights Review Tribunal), or raise...
When does it apply — discrimination at work?
You were treated worse because of a prohibited ground (e.g. age, disability, race, sex).You faced harassment at work.You were refused a job, pay or promotion on a discriminatory basis.
What can I do about discrimination at work in New Zealand?
Document what happened — dates, comments, decisions, witnesses.Choose your route: Human Rights Commission (0800 496 877) OR a personal grievance — not both.Use free mediation to try to resolve it.Escalate to the Human Rights Review Tribunal or Employment Relations Authority.
What should you NOT do — discrimination at work?
Don't run both processes at once for the same complaint — you must pick one.Don't delay — a personal grievance still has the 90-day clock.