EQUAL EMPLOYMENT OPPORTUNITY, DISCRIMINATION, HARASSMENT AND BULLYING

1. EQUAL EMPLOYMENT OPPORTUNITY, DISCRIMINATION, HARASSMENT AND BULLYING

2. Agenda Introduction The relevant legislation Your responsibilities Policy Development Grievance Procedures Questions

3. Introduction WENDY JEFFERY-LONNIE Bachelor of Business (Accounting & HRM) Experience in many industries including Government, not-for-profit, charitable, corporate, family run businesses, consulting Extensive experience in developing policy Most recently employed with David Shave Human Resources HR Consulting Fully customised Policy & Procedure Manuals Contract review and development On-site and off-site HR support Training and Performance Management coaching

4. Responsibilities Employers Employees No more “But I didn’t really understand” or “ no-one told me” • The Law Breaches of Policy

5. The Legislation Equal Employment Opportunity Act Racial Discrimination Act Sex Discrimination Act Disability Discrimination Act Age Discrimination Act Occupational Health and Safety Act

6. 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.

7. 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.

8. The Legislation Continued Racial Discrimination Act objectives continued… The definition of employment refers to “contract for services”. There is no reference in this legislation to volunteers, paid or unpaid staff.

9. 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;

10. The Legislation Continued Age Discrimination Act continued… The definitions of employment within the Age Discrimination act does not specifically refer to volunteers.

11. 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.

12. The Legislation Continued Sex Discrimination Act The exception for voluntary bodies is specific to membership and provision of services, there is no reference to Volunteers in relation to employment.

13. 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.

14. The Legislation Continued Disability Discrimination Act The definitions of employment within the Disability Discrimination Act does not specifically refer to volunteers

15. The Legislation Continued Occupational Health and Safety Act Employers have a duty of care to:  ·    Provide and maintain facilities, equipment and systems of work that are safe and without risk to health. ·    Provide information, training and supervision for all employees to ensure that tasks are performed effectively and safely. ·     Maintain good housekeeping in work areas and ensure equipment and materials are stored appropriately. ·     Regularly review working areas to ensure that they are maintained in a safe condition and without risk to health. ·     Review job content and systems to ensure they are undertaken safely and without risk to health. ·     Report hazards or equipment faults to management as soon as possible. ·     Record and investigate all accidents, incidents and injuries that occur in the workplace to identify causes and establish corrective solutions. ·     Ensure that prompt and skilled first aid is available. The duty of care extends to employees, contractors, visitors and other people on site , whether paid or unpaid

16. Legislation Summary EEO Act specifically excludes volunteers OHS Act protects all people on site The Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act have no specific reference to Volunteers or non-paid staff

17. 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?

18. 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

19. Harassment Harassment Harassment 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?

20. Harassment continued… Your organisations commitment As 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

21. Harassment continued… How is work environment defined The 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.

22. Harassment continued… Sexual Harassment Sexual 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

23. 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 Victimisation Inciting 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

24. Harassment & Bullying Policy continued… Obligations All 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.

25. Question for Volunteer Employing Organisations So what does this mean for effective policy making in volunteer employing organisations? On the one hand the acts specifically exclude volunteers from the requirements or are silent on the matter On the other it is generally easier from a management perspective to maintain effective working conditions and effectiveness in the workplace where all “workers” are held to the same condition. What happens with paid and non-paid staff working along side each other? What happens when an incident occurs? -     between paid staff -     between volunteers -     between paid and non-paid staff

26. Policy Development Definition of Volunteering Formal volunteering in Australia is defined as an activity which takes place through not for profit organisations or project and is undertaken: • To be of benefit to the community; • Of the volunteer’s own free will and without coercion; • For no financial payment; and • In designated volunteer positions only. The elements of the definition make volunteering a unique activity that is distinguishable from a number of forms of unpaid work.

27. 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

28. 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

29. 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

30. 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

31. 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

32. Conclusions In some instances volunteers are excluded from the requirements of a particular Act, however other Acts are silent on the matter of volunteers By understanding the elements of the Acts, volunteer employing organisations can consider best business practice and look at the “greater of the requirements” of the legislation in developing policy. That is paid or unpaid staff should be held to the same conduct and behaviour standards Policies surrounding acceptable conduct and behaviour should be developed including references to Discrimination, Harassment and Bullying Recruitment processes should be clearly defined to avoid incidences of unfair, discriminatory or biased selection Clearly defined induction processes and checklists will eliminate the risk of new “workers” not knowing or understanding the “rules” Management of the policy and prompt follow up with further reduce the impact of incidences A step by step grievance process will round off the policy delivery

33. QUESTIONS