What is EEO?EEO stands for Equal Employment Opportunity, and covers discrimination and associated topics such as harassment, bullying and victimisation.

EEO Laws Cont.

• It is important for managers and supervisors to have some understanding of the employer’s obligations under the law in order to ensure compliance.

How is the employer accountable under EEO law?

• The law generally holds an employer responsible for discrimination or harassment that occurs in the workplace by its employees. This is called vicarious liability. If however, the employer can show that it took all reasonable steps to prevent the discrimination or harassment occurring, then the employer may not be responsible.

The Legislation

• Equal Employment Opportunity Act• Racial Discrimination Act• Sex Discrimination Act• Disability Discrimination Act • Age Discrimination Act • Occupational Health and Safety Act

The Legislation

Equal Employment Opportunity Act The objectives of this Act are—(a) to promote recognition and acceptance of everyone's right to equality

of opportunity;(b) to eliminate, as far as possible, discrimination against people by

prohibiting discrimination on the basis of various attributes;(c) to eliminate, as far as possible, sexual harassment;(d) to provide redress for people who have been discriminated against or

sexually harassed.

The definitions of employee and employment specifically exclude Voluntary and unpaid workers.

The Legislation Continued

Racial Discrimination Act objectives• It is unlawful for an employer or a person acting or purporting to act on

behalf of an employer:(a) to refuse or fail to employ a person on work of any description which is

available and for which that person is qualified;(b) to refuse or fail to offer or afford a person the same terms of employment,

conditions of work and opportunities for training and promotion as are made available for other persons having the same qualifications and employed in the same circumstances on work of the same description; or

(c) to dismiss a person from his or her employment;

• by reason of the race, colour or national or ethnic origin of that person or of any relative or associate of that person.

The Legislation Continued

Age Discrimination Act

The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of age in

the areas of work, education, access to premises, the provision of goods, services and facilities, accommodation, the disposal of land, the administration of Commonwealth laws and programs and requests for information; and

(b) to ensure, as far as practicable, that everyone has the same rights to equality before the law, regardless of age, as the rest of the community; and

(c) to allow appropriate benefits and other assistance to be given to people of a certain age, particularly younger and older persons, in recognition of their particular circumstances; and

(d) to promote recognition and acceptance within the community of the principle that people of all ages have the same fundamental rights; and

(e) to respond to demographic change by: (i) removing barriers to older people participating in society, particularly in the workforce; and(ii) changing negative stereotypes about older people;

The Legislation Continued

Sex Discrimination Act

The objects of this Act are:(a) to give effect to certain provisions of the Convention on the Elimination of All

Forms of Discrimination Against Women; and(b) to eliminate, so far as is possible, discrimination against persons on the

ground of sex, marital status, pregnancy or potential pregnancy in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs; and

(c) to eliminate, so far as possible, discrimination involving dismissal of employees on the ground of family responsibilities; and

(d) to eliminate, so far as is possible, discrimination involving sexual harassment in the workplace, in educational institutions and in other areas of public activity; and

(e)  to promote recognition and acceptance within the community of the principle of the equality of men and women.

The Legislation Continued

Disability Discrimination Act

The objects of this Act are:(a) to eliminate, as far as possible, discrimination against persons on the ground of

disability in the areas of:(i) work, accommodation, education, access to premises, clubs and sport; (ii) the provision of goods, facilities, services and land; and(iii)existing laws; and(iv) the administration of Commonwealth laws and programs; and

(b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and

(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

Discrimination

• What is Discrimination?

Essentially any practice which makes a distinction between individuals or groups so as to disadvantage some and/or advantage others.

• What attributes or conditions do you think would form a basis for discrimination?

Discrimination

• Examples of discrimination?– Only hiring people who belonged to a union– Not hiring females in their 20’s because they may get pregnant– Not wanting to work with someone because they are from a particular

race, sex or religion– Can you think of other examples?

• Examples of inappropriate behaviour?– Derogatory comments about a person based on a discriminatory element– Unwelcome comments or questions about a persons sex life, appearance

or dress– Excluding a person from training or event based on a discriminatory

element– Displaying offensive materials, pictures or objects

Harassment

• HarassmentHarassment is any form of unwelcome, unsolicited and unreciprocated behaviour that puts someone down, offends them, or humiliates them.

The focus of harassment is on how the behaviour affects the person it is directed towards, whether it is intended or not.

It does not have to be a series of incidents, just one act can be enough to constitute harassment.

WHAT ARE YOUR THOUGHT ON THIS?

Harassment continued…

• Your organisations commitmentAs an organisation you should be committed to providing employees (paid and unpaid) with a work environment that is free of discrimination and harassment.

• Who is covered?The legislation applies to all employees including casuals and contractors, employees from other companies working at the organisation and people working under the same roof but for different employers

Harassment continued…

• How is work environment definedThe place at which the employee or other (as defined) works or otherwise attends in connection with being a workplace participant.

This includes workplace activities and functions that may be conducted at a location other than the normal place of business,

eg. Conference facilities, location of staff parties, Training workshops (whether hosted by the company or not) etc.

Harassment continued…

• Sexual HarassmentSexual harassment may take the form of a threat or an implication. It doesn't matter whether the person harassing carries out these threats or not. If an employee feels that their job or job benefits depend on accepting unwanted sexual attentions, then sexual harassment has occurred. If the person feels uncomfortable, demeaned or intimidated then sexual harassment has occurred.

• Examples of Sexual Harassment– Sexual or physical contact including assault– Staring or leering– Intrusive questions about sex life– Lewd comments, dirty jokes, foul language

Bullying• Bullying

Bullying is repeated behaviour that intimidates, humiliates and/or undermines a person or group.

Increased focus by Workcover on incidences of bullying from a physical and psychological OHS basis. Bullying and harassment are seen as a breach of the employers duty of care responsibilities outlined in the OHS Act.

• Vilification and VictimisationInciting hate and contempt and intimidation and ‘pay-backs’

• Examples of Bullying– isolating, ignoring someone– Psychological abuse which destroys self-esteem and confidence– Setting impossible deadlines– Unfair or excessive criticism

Harassment & Bullying Policy continued…

• ObligationsAll workers have an obligation to ensure their own and the behaviour of other team members does not contravene discrimination and harassment legislation or organisation policy.

Policy Development

The policy should:• Include a clear policy statement regarding acceptable workplace behaviour

and conduct;• Outline the requirements of “paid” and “unpaid staff” including any

distinction between the two;• Define who is covered by the policy;• Include any definitions of terminology where appropriate• Include examples of acceptable and unacceptable behaviour;• Outline what steps are to be taken in dealing with harassment, discrimination

or bullying• Provide references to any relevant legislation

Recruitment and Selection

• Develop recruitment processes, that ensure a “fair” and “discrimination free” process

• Clearly define and evaluate the position to be recruited• Clearly define and evaluate your selection criteria

– You must understand why a particular condition or restriction is essential for the role

– Requiring 10 years experience may seem reasonable however this indirectly discriminates against younger people you need to ask yourself what the 10 years gives you exactly

• Brief selection panel• Develop standard interview questions• Use a score card to eliminate “gut feel”• Utilise training and education opportunities

Induction

• Ensure staff are aware of the policy– This extends to “re-inducting” existing staff when a policy changes or a

new policy is implemented• Include the policy as part of an employees/volunteers commencing

paperwork• Introduce a contact officer for new “workers” to seek information and

guidance from• Use a standard workplace induction checklist that is signed off by the

“worker” and the “supervisor” to ensure nothing is missed • Include regular updates as part of the “workers” annual training program

Ongoing Management

• Regular and Immediate

– A policy is only as good as it’s maintenance and governance.– Review policy and organisational acceptance of it regularly– Discuss breaches of the policy immediately

Grievance Policy

• Carrying out investigations– Completely confidential– Impartial– Timely– Free from repercussions

• Raising a formal grievance– Initially– Secondly– External support and advice

• Grievance investigation• Complaint outcomes

– Substantiated complaints– Unsubstantiated complaints

• Record Keeping