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A recent general protections claim demonstrates that race discrimination laws are "intended to be read broadly and generously", a workplace lawyer says.

Racial discrimination includes "any action that has the purpose or effect of imposing a distinction, exclusion, or preference based on race, either intentionally or unintentionally, and which would impact another person's enjoyment of their basic rights and freedoms", HWLE Lawyers special counsel Lily Schafer-Gardiner explains, in a new HR Daily Premium webcast.

But unlike other areas of discrimination law – including age, sex and disability – where direct discrimination is established by comparing the treatment of a complainant with the treatment of others who lack the protected attribute, "what matters is whether someone has been treated differently... in a way that is connected to their race".

"It doesn't require intention, but you need to show this genuine connection between the unfair treatment, and the person's race or ethnic background"...