Discrimination & Harassment: Staff Rights & Responsibilities
Eliminating Discrimination & Harassment
Discrimination is treating someone unfairly or harassing them because they belong to a particular group. It is against both federal and State laws for any employer to discriminate against an employee or job applicant because of their:
- age
- sex
- pregnancy
- disability (includes past, present or possible future disability)
- race, colour, ethnic or ethno-religious background, descent or nationality
- marital status
- carer's responsibilities
- homosexuality
- gender identification
There are a few exceptions allowed at law – (eg sometimes employers get permission to fill a job with a person from a particular group.) Both direct and indirect discrimination are against the law.
Direct discrimination
Direct discrimination means treatment that is obviously unfair or unequal. For example, if an employer won't hire someone just because they are a woman this is likely to be direct sex discrimination.
Indirect discrimination
Indirect discrimination means having a requirement that is the same for everyone but has an effect or result that is unfair to particular groups. For example, not considering an employee's overseas skills and training when determining his or her level of pay can constitute indirect race discrimination.
Harassment
Harassment is a form of unlawful discrimination. Harassment is unwelcomed or unreciprocated behaviour which makes and employee or customer feel intimidated, offended, or belittled in the workplace.
Every employee is responsible for helping prevent unlawful discrimination and harassment in their workplace.
What discrimination and harassment are not
Workplace discrimination or harassment must not be confused with legitimate comment and advice (including relevant negative comment or feedback) from managers and supervisors on the work performance or work related behaviour of an individual or group.
As a staff member you have the right to:
- a workplace that is free from unlawful discrimination and harassment
- fair practices and behaviour in your workplace
- competitive merit-based selection processes for recruitment or promotion
- training and development that enables you to be productive in your work and to pursue your chosen career path
- equal access to benefits and conditions including flexible working arrangements
- fair allocation of workloads, and
- fair processes to deal with work-related complaints and grievances.
You have the responsibility to:
- work to the best of your ability and provide quality service to customers and colleagues
- recognise and respect the skills and talents of other staff members
- act to prevent harassment, discrimination and bullying against others in your workplace
- respect cultural and social differences among your colleagues and customers, and
- treat people fairly (don't discriminate against, harass or bully them).
You will also be asked to complete EEO surveys. These give statistical and other information about EEO in the University which is used in annual statutory reports.
As a supervisor/manager
You have the same rights and responsibilities as staff members and you also have the responsibility to:
- take steps to ensure that all work practices and behaviours are fair in your workplace, including fair allocation of workloads
- ensure the work environment is free from bullying and from all forms of unlawful discrimination and harassment
- provide employees with information and resources to enable them to carry out their work
- consult employees about decisions that affect them
- provide all employees with equal opportunity to apply for available jobs, higher duties, job rotation schemes and flexible working arrangements
- ensure selection processes are transparent and the methods used are consistent
- provide all employees with equal access to fair, prompt and confidential processes to deal with complaints and grievances
- give your employees equal access to relevant training and development opportunities
- identify special training and development needs of EEO group members in your team and help them gain access to training and development opportunities, and
- participate in learning opportunities and seek feedback to help you manage staff effectively.
You will also be accountable for achieving specific EEO outcomes.
[Adapted from the Equal Employment Opportunity (EEO) in the NSW Public Sector web site: http://www.eeo.nsw.gov.au/about_eeo/rights_and_responsibilities
and from the HREOC website What is harassment? at
http://www.hreoc.gov.au/info_for_employers/what.html ]
For further information contact:
Employment Equity & Diversity, ph 6773 3591 or email equity@une.edu.au
Back to Information for Staff page