1. In Australia national and local laws cover equal employment opportunity and anti-discrimination in the workplace. All employers are required by these.

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Presentation transcript:

1

In Australia national and local laws cover equal employment opportunity and anti-discrimination in the workplace. All employers are required by these laws to create a workplace free from discrimination and harassment. It’s important that you, as an employer, understand your rights and responsibilities under human rights and anti-discrimination law in Australia. Equal Opportunity

 By putting effective anti-discrimination and anti-harassment procedures in place in your business you can improve productivity and increase efficiency.  The Human Rights and Equal Opportunity Commission (HREOC) has a range of fact sheets and brochures to help you develop effective policies and best practice guidelines.

 Legislation  Anti-discrimination provisions are contained in a number of federal Acts, including the:  Racial Discrimination Act 1975  Sex Discrimination Act 1984  Disability Discrimination Act 1992  Human Rights and Equal Opportunity Commission Act The Human Rights and Equal Opportunity Commission administers these Acts.

What to do...  Read about your employer responsibilities on the Human Rights and Equal Opportunity Commission website.employer responsibilities  Check the HREOC publication list for useful information. publication list  Refer to the Workplace website for information on avoiding discrimination in employment. avoiding discrimination in employment  Find out about equal opportunity and anti- discrimination in your state or territory.equal opportunity and anti- discrimination See:

 The importance of preventing discrimination is also stressed in the principal objects of the Workplace Relations Act 1996 (Cwth), which refers to respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

 All states and territories have some form of anti- discrimination legislation, which generally covers the same areas as the federal legislation.  In some states there may be other types of discrimination added to those listed above.  For example, in Western Australia it is unlawful to discriminate against someone because of a spent criminal conviction.

 Federal legislation allows state legislation to remain valid and the state legislation operates in a way that does not affect the operation of the federal legislation.

 Employees who suffer discrimination may apply to the federal Human Rights and Equal Opportunity Commission or a State tribunal such as the WA Equal Opportunity Act.  After one tribunal deals with an employee’s complaint, another tribunal cannot deal with it a second time. 

Grounds of unlawful discrimination  Sex, sexual orientation, marital status, pregnancy, race, religious or political conviction, age, racial harassment, impairment, family responsibility or family status, gender history.  Other unlawful conduct  Sexual harassment; racial harassment.

 Areas covered :  Employment; partnerships; professional or trade organisations; qualifying bodies; employment agencies; applicants and employees and commission agents; application forms; advertisements; education; access to places and vehicles; provision of good services and facilities; accommodation; clubs; land.

Process for decision making  Complaint must be in writing to the Commissioner for Equal Opportunity.  It is then assessed and if within jurisdiction is investigated and conciliation attempted.  If unsuccessful, the matter is referred to the Equal Opportunity Tribunal for hearing and legally enforceable determination.

You can find a copy of that Act here: docep_main_mrtitle_650_homepage.html docep_main_mrtitle_650_homepage.html For the Worksafe site (WA) see: The office safety page can be found at: Safety_Topics/Office_safety/index.htm Safety_Topics/Office_safety/index.htm This includes topics such as “Do visual display units affect your eyesight?” and “How much space should there be behind a desk?” 13