Understanding Workplace Diversity

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Understanding Workplace Diversity

• Presented by Felicity Mildon

Wednesday 22 November, 2006
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What do you think?

• People are pretty much alike. Its only that
  our differences are more susceptible to
  definition than our similarities.

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Session Objectives

• Understand our rights and legal obligations in
  relation to EEO and anti-discrimination
• Understand how discrimination occurs
• Understand how we can better value diversity

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Discussion

• What are the potential causes of discrimination?

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Relevant legislation

• The Commonwealth and all State and Territory
  governments have anti-discrimination and EEO
  legislation in place
• e.g. Commonwealth legislation includes the Sex
  Discrimination Act, Age Discrimination Act,
  Disability Discrimination Act and Race
  Discrimination Act

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NSW Anti-Discrimination Act (1977)

• Prohibits discrimination on the following
  grounds
• Race
• Colour, ethnic or ethno-religious background
• Sex
• Responsibility as a carer
• Marital status
• Disability

• Sexual preference
• Age
• HIV/AIDS , homosexual and transgender
  vilification
• Pregnancy

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Prohibits discrimination in the following areas

• Employment
• Awards and enterprise agreements
• Industrial organisations
• Accommodation
• Provision of goods and services

• Education
• Clubs
• Qualifying bodies
• Partnerships
• local govt councillors
• Commission agents

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Different types of discrimination

• Direct e.g. not employing an individual on the
  basis of their age, sex , race etc
• Indirect e.g. where the rule appears neutral,
  but has a differential impact on certain groups -
  height/weight requirements
• Systemic or Structural more subtle form of
  discrimination (eg holding important meetings
  after normal business hours)

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In addition

• Exemptions can be obtained in certain
  circumstances
• Sexual harassment and racial vilification are
  also covered by the legislation
• Bullying is not covered by the legislation (on
  non EEO grounds)

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An important difference

• Affirmative Action versus Positive Discrimination

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Options for resolving discrimination complaints

• Internal informally, or through complaints and
  grievance procedures
• External through anti-discrimination (NSW) or
  human rights (Commonwealth) tribunals

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Discussion

• What are the implications for
• Organisations?
• Individuals?

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Case Study 1

• John is a member of the Accounts team. He is a
  good employee and has been employed there for
  many years. He is open about being gay. Tony
  recently joined the team and has started to make
  snide remarks about homosexuals.
• What are the issues?
• How would you handle this issue?

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Case Study 2

• Mary has applied for a position with your
  organisation as a Call Centre supervisor. She has
  extensive experience in call centres and you are
  impressed with her background. When you ring her
  for an interview, she advises that she has a
  major visual impairment.
• What are the potential issues?
• How would you assess Marys suitability for the
  role?
• Are there any special considerations that you
  should take into account?

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Case Study 3

• Joan is 50 years old and has been a part of you
  team for many years. One of the team recently
  announced her engagement and a lunch has been
  organised. All staff are going, but Joans boss
  asked her to stay behind and answer the phones
  on the basis that (theyre all young and you
  probably wouldnt enjoy it anyway?
• What are the potential issues?
• How would you have handled this if you were
  Joans supervisor?

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Any questions?