Does your business have an anti-discrimination policy?
At Akyra we are often asked about the importance of an anti-discrimination policy in relation to business operations. Whilst discrimination in any circumstance is prohibited by legislation, the aim is simply to treat everyone fairly and equally – which is something we also want for ourselves.
In Australia, the scope of the discrimination legislation covers race, sex, pregnancy, marital status, family responsibilities, breastfeeding, age, disability, sexual orientation, gender identity or intersex status.
In this week’s Akyra blog, we consider why anti-discrimination policies are essential, and identify what these policies should include.
Why anti-discrimination policies are essential
Apart from legislative requirements, there are three very important reasons why an anti-discrimination policy is essential:
- Employer brand: When people look for a new job, they want to work for a business that treats everyone fairly – regardless of race, gender, national origin and/or other identifying characteristics. An anti-discrimination policy helps your business state clearly what its values are.
- Clarity on employee behavior: An anti-discrimination policy also officially managers, employees, applicants for employment, contractors, customers and stakeholders what is and what is not acceptable within your workplace. If any of the people who comprise your workplace misbehave, it’s far easier to point to a policy than refer to a law the employee may or may not have ever heard of.
- Fights bias: Having and enforcing a clear policy benefits your company because managers, employees, applicants for employment, contractors, customers and stakeholders know how to act and what your business entity expects from them. They may have individual biases, but they understand clearly that those need to be left outside the workplace.
What should your anti-discrimination policy include?
An anti-discrimination policy in Australia should address various protected attributes and promote equality and include the following elements.
Introduction and Purpose
- Begin with a brief overview of the policy’s purpose: to prevent discrimination, promote diversity, and ensure equal opportunities.
- Highlight the organisation’s commitment to fostering an inclusive environment.
Scope
- Clarify the policy covers all employees, clients, contractors, and stakeholders.
Protected Attributes
- Enumerate the protected attributes recognized by Australian law:
- race
- sex
- pregnancy
- marital status
- family responsibilities
- breastfeeding
- age
- disability
- sexual orientation
- gender identity or intersex status
Prohibited Conduct
- Clearly define discriminatory behaviour looks like and include examples to illustrate unacceptable conduct.
Responsibilities
Specify the responsibilities of:
- Management: ensure compliance, address complaints and promote diversity.
- Employees: treat others fairly, report incidents and participate in training.
Complaints Procedure
Outline the process for reporting discrimination or harassment:
- Whom to contact (e.g. HR, supervisor, designated officer).
- Confidentiality and protection against retaliation.
- Investigation and resolution steps.
Breach of policy
- Be very clear anti-discriminatory behaviour will not be tolerated and, where a complaint is found to be substantiated, disciplinary action will be taken (up to and including dismissal).
What are the different types of anti-discrimination legislation?
There are a numerous forms of anti-discrimination legislation in Australia, at both the Federal and State level. The table below provides a helpful outline of legislation you should be aware of.
Federal
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Age Discrimination Act 2004. The Age Discrimination Act protects employees from being Discriminated against based on their age |
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Australian Human Rights Commission Act 1986. The Australian Rights Commission Act 1986 protects employees and provides employees with definitions of different types of discrimination |
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Disability Discrimination Act 1992. The Disability Discrimination Act 1992 protects employees who have a physical, mental, psychiatric, learning disabilities, illness, or physical disfigurement from being discriminated against by employers |
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Racial Discrimination Act 1975. The Racial Discrimination Act protects employees who are of a different race, colour, descent or ethnic origin from being discriminated against by employers |
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Sex Discrimination Act 1984. he Sex Discrimination Act protects employees who are being discriminated against based on their sex, marital status, if they are pregnant or if they are being sexually harassed |
States
- Queensland Anti-Discrimination Act 1991
- Australian Capital Territory Discrimination Act 1991
- New South Wales Anti-Discrimination Act 1977
- Northern Territory Anti-Discrimination Act 1996
- South Australia Equal Opportunity Act 1984
- Tasmania Anti-Discrimination Act 1998
- Victoria Equal Opportunity Act 1995
- Western Australia Equal Opportunity Act 1984
Last but not least – be consistent
There are numerous different ways to write your anti-discrimination policy. However, rather than just formulating a policy for the sake of it, it is crucial that you also implement it and ensure it is followed consistently.
No business entity should formally or informally exempt senior leaders or highly compensated employees from anti-discrimination policies. These people should also face discipline, up to and including dismissal if they breach this policy; which in turn puts your business at risk of claims to Fair Work or the Anti-Discrimination Commission.
If you don’t have an anti-discrimination policy in place right now, you can use the information in this article as inspiration to write the policy that will guide and protect your business entity. Remember, this is a general outline. You should tailor your policy for your workplace and to meet legislative requirements.
Alternatively, Akyra can assist you in formulating anti-discrimination policies for your workplace. Contact us today to book an obligation-free consultation.
Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not intended to be legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.
