DISCRIMINATION IN THE WORKPLACE

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There is no place for discrimination in your workplace

Every workplace should be a safe and productive environment in which to work for everyone. 

Unfortunately, that is not always the case and there are issues such as discrimination and bullying that need to be properly dealt with as early as possible.

The best approach is to create a work environment that is inclusive and be proactive in promoting the expected behaviour throughout the organisation.

All employees (as well as contractors) should be given clear guidelines on what kinds of behaviour are acceptable. This includes behaviour that will not be tolerated.

If everybody knows what is and is not acceptable and how to report breaches of proper conduct, then there is less chance of incidents occurring.

The path to a better work environment

As an employer in Victoria, you have an obligation to provide a workplace that is free from discrimination, harassment and bullying, sexual harassment and victimisation.

The Equal Opportunity Act 2010 (the Act) imposes a ‘positive duty’ on employers to eliminate these issues by implementing reasonable and proportionate measures.

Positive duty is defined as actively attempting to prevent unacceptable behaviours, irrespective of a complaint being made.

The Act defines discrimination in two forms: Direct discrimination and indirect discrimination. 

Direct discrimination occurs if a person treats, or proposes to treat, a person differently because of a protected attribute.

Indirect discrimination, on the other hand, occurs if a person imposes, or proposes to impose, a requirement, condition or practise – that has, or is likely to have, the effect of disadvantaging persons with a protected attribute; and that is not reasonable. 

Protected attributes under the Act are:

  • Age;
  • Breastfeeding;
  • Employment activity;
  • Gender identity;
  • Disability;
  • Industrial activity;
  • Lawful sexual activity;
  • Marital status;
  • Parental status or status as a carer;
  • Physical features;
  • Political belief or activity;
  • Pregnancy;
  • Race;
  • Religious belief or activity;
  • Sex;
  • Sex characteristics;
  • Sexual orientation;
  • An expunged homosexual conviction;
  • A spent conviction; and/or
  • Personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes. 

These personal characteristics are protected by law. For more information on employer responsibilities, see Business Vic’s Equal Opportunity Page for Employers.

As the wise adage states, ‘prevention is better than cure’. This leads to the question, how do you best prevent discrimination from happening in the first place.

discrimination in the workplace

How to stop unlawful behaviour before it takes hold 

Laying the groundwork for what is the expected behaviour within your workplace is crucial to avoiding major issues and offering ways to best deal with any matters that arise.

The first point to make is that staff need to know what is and isn’t acceptable behaviour. Your staff need to be clear about what rights they have and what equal opportunity policies you have in place. Only then can they play an active role in upholding those standards.

Fostering and maintaining open communication with all staff is crucial to your ability to deal with any issues should they arise. The sooner an issue is discovered, the easier it is to resolve the matter. 

This is when expert advice in the field of Human Resources can be extremely beneficial. Knowing how to best address problems such as lateness, disruptive behaviour and performance issues can be invaluable to any business environment.

Important things to remember in the workplace

Just as occupational health and safety laws exist to ensure appropriate safety steps are taken to avoid injuries, the Equal Opportunity Act requires employers to safeguard their employees against the risks associated with discrimination.

The term ‘positive duty’ as outlined in the Equal Opportunity Act is not restricted to larger organisations. Employers of any business, from a large enterprise to a small local business must actively provide a workplace that does all it can to eliminate discrimination.

That duty covers all staff no matter if they are full-time, part-time or casual employees, apprentices or trainees. 

Each stage of employment is also covered from the initial job advertisement and staff recruitment through to an employee returning to work following illness, an injury or maternity leave. Importantly for many employers, they need to adhere to their duty in the matters of staff retrenchment and dismissal.

It is not just a matter of the employer ensuring that their own behaviour is always lawful and non-discriminatory. While behaviour that is against the law is the responsibility of a person, employers have a statutory duty to proactively eliminate behaviours in the first place and maybe vicariously liable for the actions of their employees.

Why professional advice matters

To protect your work environment from the issues of harassment, discrimination and bullying behaviour, it makes sense to see a professional who can guide you on the best path to a safe and productive workplace.

Before you have to deal with staff being treated ‘unfavourably’ because of a personal characteristic, get the right advice from experts in the field. By examining your business, the way your work environment operates and what you want to achieve, you can have a more productive and cohesive workplace.

That’s where Clyde Industrial are the team to see. With the best in professional advice that’s both cost-effective and accessible whenever you need it, you can eliminate workplace issues and concentrate on growing your business.