The law is very strict on discrimination and harassment in the workplace. As an employer, it is not only your treatment of employees that is under scrutiny - you are also responsible for the actions of your staff.
Anti-discrimination laws apply when you hire and dismiss people and the entire time they are at work. Employers must be careful to treat all people fairly regardless of their:
- age
- sex
- chosen gender
- race
- disability
- sexuality
- marital or domestic partnership status
- pregnancy
- caring responsibilities
- identity of spouse or domestic partner
- religious appearance or dress.
An effective anti-discrimination policy can help reduce complaints and legal claims, and is good for morale and customer relations.
Indirect discrimination
Employers must be careful not to discriminate against people indirectly. An action that might seem equal and fair may end up impacting on certain people.
For example, a pay rise for staff with 10 continuous years of service could indirectly discriminate against women who have had a break from work to have children.
Actions by staff
Employers have what is called vicarious liability – which means employers can be held responsible for the actions of their staff. It is up to employers to take reasonable steps to ensure their staff do not harass others or behave in a discriminatory manner.
Equal opportunity program
Here are some steps for creating an equal opportunity workplace:
- develop a written policy
- brief staff on the policy
- provide awareness training for managers and staff
- display anti-discrimination posters
- appoint an equal opportunity officer
- create a policy for managing discriminatory behaviour
- develop an internal complaints procedure
- monitor the workplace culture.
More information
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