109 Racial harassment

For the purposes of sections 103(1)(e) and 123(d), an employee is racially harassed in the employee’s employment if the employee’s employer or a representative of that employer uses language (whether written or spoken), or visual material, or physical behaviour that directly or indirectly—

(a)

expresses hostility against, or brings into contempt or ridicule, the employee on the ground of the race, colour, or ethnic or national origins of the employee; and

(b)

is hurtful or offensive to the employee (whether or not that is conveyed to the employer or representative); and

(c)

has, either by its nature or through repetition, a detrimental effect on the employee’s employment, job performance, or job satisfaction.