AustraliaI experienced racial abuse from a coworker and my employer did nothing. What can I do?
You can make a complaint to the Australian Human Rights Commission (AHRC) or your state anti-discrimination body, and in some cases, start legal proceedings. Your employer may be legally responsible for failing to prevent racial abuse at work.
What the Law Says
Australian law prohibits racial hatred and discrimination in employment. Employers have a legal duty to prevent racial abuse in the workplace — and can be held liable if they fail to act.
Racial abuse at work is unlawful under both federal and state laws. The Racial Discrimination Act 1975 (Cth) makes it unlawful to offend, insult, humiliate or intimidate someone because of their race, colour, descent, or national or ethnic origin — including in employment.
Under section 18C of the Racial Discrimination Act 1975 (Cth), it is unlawful for a person to do an act in public that is reasonably likely to 'offend, insult, humiliate or intimidate another person or a group of people' because of their race, colour, descent, or national or ethnic origin.
Section 12 of the same Act says: 'It is unlawful for a person to discriminate against another person on the ground of the other person’s race, colour, descent or national or ethnic origin in the provision of goods, services and facilities, accommodation, land, education, access to places and facilities, sport, and the administration of Commonwealth laws and programs.'
Importantly, employers can be held vicariously liable for racial harassment by employees — meaning they may be legally responsible even if they didn’t personally commit the abuse, especially if they knew or should have known about it and failed to take reasonable steps to prevent or respond.
The Fair Work Act 2009 (Cth) also protects workers from adverse action, including dismissal or discrimination, because of race — and gives access to the Fair Work Commission for certain claims.
Statutory TextIt is unlawful for a person to do an act in public which is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and the act is done because of the race, colour, descent or national or ethnic origin of the other person or of some or all of the people in the group.
— Racial Discrimination Act 1975 (Cth), s. 18C — Prohibition of offensive behaviour based on racial hatred
Statutory TextIt is unlawful for a person to discriminate against another person on the ground of the other person’s race, colour, descent or national or ethnic origin in the provision of goods, services and facilities, accommodation, land, education, access to places and facilities, sport, and the administration of Commonwealth laws and programs.
— Racial Discrimination Act 1975 (Cth), s. 12 — Unlawful discrimination
What to Do
Make a written complaint to your employer or HR department — clearly describe the incident(s), date, witnesses, and what action you expect.
If your employer fails to act, lodge a complaint with the Australian Human Rights Commission (AHRC) within 6 months of the incident — free and confidential.
Consider contacting your state or territory anti-discrimination agency (e.g., Victorian Equal Opportunity and Human Rights Commission) — some allow longer timeframes.
If you were dismissed, demoted, or treated adversely after complaining, you may apply to the Fair Work Commission within 21 days for an unfair dismissal or general protections claim.
Seek legal advice before filing in court — claims under the Racial Discrimination Act can be heard in the Federal Court or Federal Circuit and Family Court, where compensation has no statutory cap.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.