Entry #697: LGBT employment discrimination in New Zealand

Current Version

RegionNew Zealand
IssueLGBT employment discrimination
StatusSexual orientation only
Start DateFeb 1, 1994
End Datenow
DescriptionThe Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise.
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
Reports (2)
  • Status is not correct "Case law states gender in the Human Rights Act includes gender identity i.e trans-gender and non-binary people are protected from discrimination in employment "
  • Status is not correct "According to ChatGPT, denying someone a job because of their gender identity is illegal, and if it happens they can take it to The Human Rights Commission in New Zealand"


Revision History (5)

Revision by Ro_Guy

Old Value New Value (Current)
ValueSexual orientation and gender identitySexual orientation only

Revision by Carolina2k22

Old Value New Value
ValueSexual orientation onlySexual orientation and gender identity

Revision by Carolina2k22

Old Value New Value
ValueSexual orientation and gender identitySexual orientation only
NoteThe Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise.
Show Difference
The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise.
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
Show Difference
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html

Revision by Carolina2k22

Old Value New Value
NoteNZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.
Show Difference
NZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.

Revision by Carolina2k22

Old Value (Original) New Value
NoteNZ Bill of Rights forbids discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere.NZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.
Show Difference
NZ Bill of Rights forbids discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.
Reports (1)
  • Status is not correct "Gender identity in the Human Rights Act 1993 is not a prohibited ground of discrimination, and sexual orientation only covers heterosexual, bisexual, lesbian and homosexual sexual orientations. Therefore sexual orientation is only partially protected, and gender identity is not protected."

hamfritta created this entry.