Many Australian employers develop EEO policies to promote workplace diversity and create a safe workplace for all employees.
•EEO is the principle of equal pay, opportunity and conditions for all in the workplace
•EEO provides equal access to training, promotion and opportunity
•It involves identifying and eliminating any discriminatory barriers that cause inequality in the employment of any person or group of persons
The Australian Federal Government has passed numerous laws which aim to protect people from discrimination within the workplace. These include the:
Sex Discrimination Act 1984; Disability Discrimination Act 1992; Age Discrimination Act 2004; and Racial Discrimination Act 1975.
These laws, alongside other state laws, are the primary source of EEO obligations. Employers who hire, manage or dismiss employees are not allowed to discriminate based on the following characteristics:
race ethnicity, colour, sex, sexual orientation
gender identity, relationship status, family or carer responsibilities
pregnancy, mental or physical disability, religion political opinion, age
In almost all cases in a business situation there will be no need to refer to the personal characteristic of a colleague or customer.
Harassment
Harassment is generally characterised by three elements:
• Repeated, unwanted, unwelcome and unsolicited behaviour
• Behaviour that a person considers to be offensive, threatening, intimidating or humiliating
• Behaviour that a reasonable person would find offensive, threatening, intimidating or humiliating
Examples of Harassing Behaviour
• Sending offensive or abusive emails, messages
• Making fun of a person in a humiliating way
• Abusing and embarrassing a person loudly in front of other people
• Repeated ridicule and being put down
• Spreading or starting false or malicious rumours about a person
• Sabotaging another person’s work to make them look bad
• Withholding information or messages which make it difficult for a person to do their job
• Maliciously excluding or isolating a person from workplace activities
• Repeated and persistent unjustified criticisms about minor or insignificant matters
Sexual Harassment
•May be repeated behaviour or a single incident
•Behaviour must be unwanted – not consensual
•Intent of the person is not important – Even if the person did not intend to sexually harass another person it can still be sexual harassment
•Behaviour that a reasonable person in the circumstances would have anticipated that the other person may be offended humiliated, intimidated or threatened
Examples Sexual Harassment
Unwanted sexual advances include:
•Request for sexual favours
•Workplace favours or promotions in exchange for sex
•Unwelcome sexual conduct
•Sexually explicit material on display in the workplace such as naked people or pornography on a computer, calendar, fax, books, magazines
•Staring or leering on a person in a sexual way
•Unwanted touching of any personal areas
•Sexual or physical contact - slapping and kissing
•Questioning a person about their sexual activity or preferences
•Repeated sexual invitations or requests for a date
•Sexually explicit jokes or cartoons in the workplace
•Sexually offensive gestures
•Unwelcome wolf whistling
Examples of Workplace bullying
•Verbal abuse or making fun of your work or you
•Excluding or isolating you from people or situations
•Psychological harassment (playing mind games, ganging up on you)
•Intimidation (making you feel unimportant)
•Giving you pointless or impossible jobs
•Deliberately changing your work roster to make it difficult for you
•Deliberately holding back information you need for getting your work done properly