Discrimination in the Workplace

Federal and State legislation prohibits certain forms of discrimination in the workplace. Every employee has the right to a working environment that promotes equal opportunity and prohibits discriminatory practices.

Discrimination in employment occurs when an employee is treated less favourably than another because of particular characteristic differences.

These can include such things as an employee’s race, colour, physical or mental disability, age, marital status, sex, sexual preference, pregnancy, religion, political opinion and / or social origin.

Most Australian anti-discrimination legislation also prohibits sexual harassment.

Employers must ensure that employees are not working in a sexually inappropriate environment created by sexual conduct that is unwelcome, intimidating, hostile or offensive, adversely affecting health, work performance, job satisfaction and productivity.

The prohibition against sexual harassment is not restricted to the workplace. The law gives rights and responsibilities to employees (current or potential), to employers and to the recipients of the goods or services provided by the employer and its employees.

Current and potential employees have the right:

• not to be sexually harassed by other employees or by their employer; and
• to be protected by their employer from sexual harassment by those to whom they provide goods or services.

They also have the responsibility not to sexually harass others, including the recipients of their employer’s goods or services.

To discourage discrimination and sexual harassment in the workplace, employers must implement and enforce proper policies and procedures.

Employers often fail to have such policies and procedures documented and in place, with adequately trained management personnel and complaints procedures.

Discrimination can occur:

• when advertising for new employees
• during the interview and selection process
• at any time during employment and particularly when considering staff changes and promotions; and
• when employment is terminated.

It is suggested that all employers take the following steps to reduce the risk of discrimination or sexual harassment claims:

• develop an anti-discrimination and sexual harassment policy and distribute it to all employees
• review the policy frequently to ensure that it is effective
• develop a complaints procedure and provide multiple access points to it
• ensure that employees understand their rights and responsibilities by (among other things):

• seeking regular feedback
• translating the policy for employees from non-English speaking backgrounds
• ensuring that managers and supervisors reinforce the policy at staff meetings; and
• providing the policy and related information to new staff as part of their induction

• train management and supervisors in handling complaints and prepare a comprehensive procedure manual to which they may refer.

Do not ignore these issues. Doing nothing sends a message that discrimination and sexual harassment are acceptable in your organisation.

Contact Hynd & Co for further information and to assist you to develop and implement effective policies and procedures to protect you and your business against the risk of potential claims.