Racial harassment in employment
49A Racial harassment in employment
It is unlawful for a person (in this subsection referred to as the harasser) to harass racially —
an employee of the harasser; or
an employee of a person by whom the harasser is employed; or
a person who is seeking employment by the harasser or by an employer of the harasser.
It is unlawful for a person (in this subsection referred to as the harasser) to harass racially —
a commission agent or contract worker of the harasser; or
a commission agent or contract worker of a person of whom the harasser is a commission agent or contract worker; or
a person who is seeking to become a commission agent or contract worker of the harasser or of a person of whom the harasser is a commission agent or contract worker.
A person shall, for the purposes of this section, be taken to harass racially another person if the first‑mentioned person threatens, abuses, insults or taunts the other person on a ground referred to in section 49D, and —
the other person has reasonable grounds for believing that objecting to the relevant threats, abuse, insults or taunts would disadvantage the other person in any way in connection with the employment or work, or possible employment or possible work, of the other person; or
as a result of the objection by the other person to the relevant threats, abuse, insults or taunts, the other person is disadvantaged in any way in connection with the employment or work, or possible employment or possible work, of the other person.
[Section 49A inserted: No. 74 of 1992 s. 15.]
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