Victimisation occurs in situations where somebody (an employer, service provider, etc.) treats you unfairly or badly because you have complained, or helped someone else to complain about discrimination.

Treating someone unfairly or denying certain rights because a person has complained about discrimination in his or her case, or instead of someone else is prohibited. A victim of discrimination or another person knowing about discrimination might suffer even further, if repressive measures are taken against him or her.

The prohibition of discrimination is violated, if someone is victimized as a consequence of a complaint about discrimination.

example If a person is dismissed or refused promotion because he or she has filed a discrimination complaint against the employer, or stood as a witness and given evidence in a discrimination case, it is considered to be victimisation. Victimisation also includes when an employer takes unfair disciplinary action against a person because of his or her complaint about  discrimination.

This does not mean that every adverse action against a complainant is victimisation. Adverse action is allowed if it is not linked to the discrimination complaint.

example A person who had previously complained about discrimination, is fired for being drunk when performing job-related tasks.


Last updated 07/04/2018