Manage Diversity in the Workplace

1. Manage Diversity in the Workplace BSBDIV501A: Implement diversity policy Foster respect for diversity in the work team Promote the benefits of diversity

2. Age discrimination • It is unlawful to discriminate against any person because of age, no matter what age they may be. • Hong Gil-dong is 45 years of age and applies for a job within a club. He doesn’t get the job, despite having a lot of relevant experience. When why asks why he didn’t get it, one of the things he is told is that the club wants to project a fresh and young outlook. • Has Hong Gil-don been unlawfully discriminated against?

3. Aging Worker Study – some facts about aging. • The Seattle Longitudinal（纵向的） Study (1998) was conducted over 36 years (from 1956) with 18,000 people tested a core battery of abilities such as: verbal, spatial（空间的）reasoning, numeric ability, etc. • The study found that performance peaks in the 50 and 60’s. In fact there was an overlap between performance of young and old until the 80’s were reached. • Physical ability does decline (if not personally maintained) and jobs that require physical labour may need to be re-engineered.

4. Carer discrimination – case study • Kang Su-yeon works as a Room Attendant at a large hotel. Recently her mother moved in with her, so she can help with her care. • Kang Su-yoen asked her manager if she could start her shifts at 8.30am instead of 8am, as she needed to wait at home for the day carer to arrive. Her manager told her no, saying it might means others will ask for flexible shifts. • Two weeks later, Kang Su-yeon had her employment terminated after arriving to work 15minutes late. • Has the hotel unlawfully discriminated against Kang Su-yeon?

5. Sexual orientation discrimination – case study • Jason is a travel agent for Men on Vacation, which is an agency that specialises in bookings for the gay and lesbian community. He phones a hotel to book a conference for the Gay and Lesbian Rights Association. • Wendy, the reservations clerk, takes the call. She advises Jason that she will need to check with management before she can confirm the booking. • Management express worry about taking this conference booking, as they think it might impact negatively on their hotel and other guests. • They instruct Wendy to deny the request on the basis that no suitable room for the conference exists. • Has the hotel entered into discriminatory territory? • Is the potential upset of other guests an issue?

6. HIV/AIDS discrimination – case study • Li li Park worked as a room attendant in a large hotel. She went home early one afternoon because she had a doctor’s appointment. • Through lunchroom gossip, her supervisor heard that Li li was HIV positive. • The next day when Li li arrived at work, she was told that her employment had been terminated on the basis that her illness was a potential health hazard to staff and guests. • Has Li li been unlawfully discriminated against?

7. Marital Status & Parental Status discrimination – case study • It is unlawful to discriminate against a person on the basis of their marital status or, e.g. single, married, divorced, de-facto（实际的）, widowed, single parent, etc. • Lee Eun-ju applied for a job as a supervisor within a restaurant. The manager appeared very impressed with her application and indicated she was perfect for the job. In closing the interview, the manager asked her if she could work the shift hours required. • Lee Eun-ju said this was not a problem, if the rosters were prepared at least a week in advance. That way she could let her ex-husband know and they could arrange care of their daughter. • At this point, Lee Eun-ju noticed a change in the manager’s attitude and later that week, she was told her application had been unsuccessful. • Has Lee-Eun-ju been unlawfully discriminated against?

8. Physical features discrimination – case study • It is unlawful to discriminate on the basis of a person’s physical features. • Note; this does not cover tattoos or body piercing unless they are religious or cultural in nature. • Peter Lawler is looking to hire a receptionist for his hotel. He asks applicants to include a recent photo with their applicant form. In sorting out his list of applicants to interview, he flips through each of the photos, only selecting those who are women and good looking. Then he looks at work experience and qualifications and finalises his short list. • Is Peter Lawler doing anything wrong?

9. Pregnancy discrimination – case study • Tian Qin has worked in the marketing department of a large, international hotel for 6 years. Recently she found out she was pregnant. • The position of Regional Marketing Manager has become available and Tian submitted her application and was successful in achieving the promotion she always wanted. • Two months later, Tian told the Director of Sales and Marketing about her pregnancy. He seemed annoyed and told her that her maternity leave would be an inconvenience to the department. • Over the following months, Tian was surprised to find several key areas of responsibility were given to someone else. Finally, she was told that the department had been re-structured and her position was no longer available. • Has Tian got a case for unlawful discrimination?

10. Breastfeeding – discrimination case study • Jeon Do-yeon works as a waitress in a restaurant. Yesterday she noticed a women breastfeeding her baby at the table. • Jeon Do-yeon asked the women to feed the baby in the rest room or she would need to leave. • Did Jeon Do-yeon do anything wrong?

11. Gender – discrimination case study • A hotel sous-chef（副厨） informed that her presentations were ‘too girly’ and that she was ‘too emotional’ for the job decided to sue her employer, Marriott International for discrimination. • Other discriminatory remarks and more favourable treatment of similarly situated male employees prompted her action. • The hotel claimed it had fired the employee because of her lack of interpersonal skills, but the court decided that the real reason for terminating her was her gender.

12. Sexual Harassment – case study (1) • Several female staff at the Sunlight Club pool（合伙） their resources and purchase some calendars for charity. The calendars contain pictures of male Olympic athletes photographed in the nude. • Some male staff members at the club object to the calendars. None of the calendars were placed on view in the office or public areas. • The male staff complain to their manager. The female staff advise the manager that the photos are tasteful and the purchase of the calendars is for a good cause. • Do the male staff have a case of sexual harassment? Discuss.

13. Sexual Harassment – case study (2) • Michelle works in stores at the Hilton Hotel. She is responsible for receiving goods and liaising(联络）with suppliers. • Peter, a supplier with Great Eats, delivers to the Hilton on a regular basis. • Michelle is very nervous whenever she has to deal with Walter, as he continues to ask her out, even though she has repeatedly said ‘no’. He stares at her, which makes her feel uncomfortable and comments about her appearance. He sometimes makes jokes and sexual suggestions to Michelle. • Michelle has told her manager. The manager said he’d ‘have a word with Walter’, but nothing seems to have changed. • Does Michelle have a case for sexual harassment?

14. Sexual harassment – case study (3) • Sommer works as a Room Attendant at a beachside resort.（度假胜地） • It is common for Room Attendants to work alone when cleaning a room. • She often cleans the room of Mr Park, a regular and long-term guest. As a regular guest, he is familiar and friendly with many of the staff. He has requested that Sommer clean his room whenever she is on duty. • Sommer feels uncomfortable when doing this, as Mr Park usually remains in the room and watches her work. He is often wears very little (e.g. his swimming clothes). • Sommer never says anything about this and hasn’t told her supervisor. • Does Sommer have a case for sexual harassment? • What duty of care does the resort have towards its staff? • What systems or procedures could be put in place to create a safe work environment?

15. Bullying – case study • Mike works in accounts. His manager Liz, is the Financial Controller. Mike and other staff find Liz to be very difficult to work for. • She is quick to temper and prone to yelling when things don’t go to plan. She often personally criticises people and belittles them by doing this in front of other staff. • Mike recently resigned, giving 4 weeks notice, after finding himself another job. When he told Liz, she became very angry and demanded that Mike move his desk into her office so that she could ‘keep an eye’ on him. Mike has also been given menial（卑微的） tasks to do, instead of his usual work. • Does Mike have a case for bullying? Discuss.

16. Gender equality & affirmative action: case study • The Young Liberals (polictical party) want to end mandatory gender equality in the party. • The Young Liberals passed a motion opposing "all affirmative action within the Liberal Party — including, but not limited to, gender-specific positions within the Liberal Party". Many senior Liberals are appalled by the push to abandon principles that have been in the party since its creation in the 1940s, to ensure that women were equally represented. • Under the rules, every state branch has a president, plus a male and female vice-president. Every electorate council has a male and female vice-chair and local branches are required to elect equal numbers of men and women as delegates to state council. • But Young Liberals campaigning for the change said that the notion of affirmative action was outdated, given women were "more than adequately represented". They argue that women ought to be chosen on merit, not gender. • The thinking from delegates, was that they were sick of the mentality that females were given these position just because they're women. Many of those in favour were women.

17. Gender equality & affirmative action case study questions • Should a political party have an affirmative action policy aiming for equal representation of genders? • What does ‘women ought to be chosen on merit, not gender’ mean? • Why do many women oppose affirmative action – of this type? • Does affirmative action achieve gender equality?