# Can I sue my employer if my manager makes racist comments to me?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-10-26
- Last updated: 2026-10-26
- Canonical: https://lawasked.com/au/employment-law/can-i-sue-my-employer-if-my-manager

## Question

I am currently working as a junior administrator at a medium-sized logistics firm in Melbourne, Victoria. For the past three months, specifically since early January, my direct supervisor has been making incredibly offensive and derogatory remarks about my ethnic background during our weekly team briefings. These comments are often directed at my heritage and imply that people from my culture are less capable of performing high-level labour. Last Tuesday, during a meeting with four other staff members present, he made a particularly nasty comment about my family's origins that left me feeling humiliated. I have already tried to resolve this internally by lodging a formal written grievance with our HR department on the 15th of February, but they have been incredibly slow to respond and have basically told me they are looking into it without taking any immediate action to stop his behaviour. I am worried that because it is my manager doing this while he is performing his official duties, the company itself is responsible for his conduct. I want to know if I can hold the entire business accountable for his discriminatory behaviour, or am I stuck only being able to deal with him personally?

## Summary

Yes, you can likely hold your employer responsible for your manager's racist comments. Under Australian law, a company can be held liable for the discriminatory actions of its employees if those actions occur during their work duties.

## Analysis

Under the Racial Discrimination Act 1975, your employer may be held legally responsible for the offensive remarks made by your supervisor. This concept is known as vicarious liability, which means an employer can be held liable for the actions of an employee. 

Specifically, the law states that if "an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and... the act would be unlawful... this Act applies in relation to that person as if that person had also done the act" [1]. In your case, because your manager made these derogatory remarks about your heritage during weekly team briefings while performing his official duties, the law treats the company as if it had made the comments itself. 

However, there is a potential defense for the company. The law provides that this liability "does not apply to an act done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing the act" [1]. This means if the logistics firm can prove they had robust anti-discrimination policies, training, and active enforcement in place to stop such behavior, they might avoid being held responsible. 

Since you have already lodged a formal grievance with HR on 15 February and they have not taken immediate action to stop the behavior, the company's ability to claim they took "all reasonable steps" may be weakened. Furthermore, if the company's slow response or lack of action leads to you being treated poorly because you complained, you may also have claims regarding victimisation [2].

## Statutory citations

- Racial Discrimination Act 1975, Section 18A - Vicarious liability [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > if: (a) an employee or agent of a person does an act in connection with his or her duties as an employee or agent; and (b) the act would be unlawful under this Part if it were done by that person; this Act applies in relation to that person as if that person had also done the act.
- Racial Discrimination Act 1975, Section 18AA - Victimisation [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > For the purposes of subsection (1), a person (the first person ) commits an act of victimisation against another person if the first person: ... (c) prejudices, or threatens to prejudice, the other person in the other person’s employment; ... by reason that the other person: ... (e) has made, or proposes to make, a complaint under this Act

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