As an employer it is critical to treat your employees equally. Equal Employment Opportunity (EEO) is a fundamental principle that underpins Australian workplace culture. This Legal Kitz article will take you through the concept of EEO and what Australian employers can do to create dynamic and innovative teams.
What is Equal Employment Opportunity?
The concept of EEO implies that all employees and job applicants should be treated fairly and equitably regardless of factors such as;
- race;
- ethnicity;
- colour;
- sex;
- sexual orientation;
- gender identity;
- relationship status;
- family or carer responsibilities;
- pregnancy;
- mental or physical disability;
- religion;
- political opinion; or
- age.
It is a legal obligation that Australian employers must adhere to in order to create a diverse and inclusive workplace, and must not dismiss employees or take adverse actions against them.
In Australia, the Australian Federal Government has passed various laws that aim to protect people from discrimination in the workplace. These include:
- Sex Discrimination Act 1984 (Cth);
- Disability Discrimination Act 1992 (Cth);
- Age Discrimination Act 2004 (Cth);
- Racial Discrimination Act 1975 (Cth); and
- Australian Human Rights Commission Act 1986 (Cth).
The main purpose of EEO is to eliminate discrimination and promote diversity in the workplace. This means that employers must create a workplace environment that is free from discrimination, harassment, and victimization. Employers must also provide equal opportunities for training, career development, and promotion. This means that all employees should have access to training and development opportunities that are relevant to their job and that can help them to advance their careers. Employers should also create a merit-based system for promotions, which is based on an employee’s performance and potential rather than their personal characteristics.
In addition to providing equal opportunities for employees, employers must also take steps to prevent discrimination and harassment in the workplace. This means that employers must create policies and procedures that clearly define what constitutes discrimination and harassment, and provide employees with a safe and confidential reporting mechanism if they experience discrimination or harassment. Employers must also take immediate action to investigate and address any complaints of discrimination or harassment.
What happens if an employer breaches Equal Employment Opportunity?
When an employer does not comply with the EEO and does not take steps to reduce the potential discrimination within their company, they will definitely be receiving multiple complaints. If these remain unresolved, these complaints can be taken to the Fair Work Ombudsman where employers may face fines or penalties. In addition, they may suffer reputational damage and loss of business as a result of their discriminatory practices.
How to ensure EEO in the workplace?
1. To ensure compliance with EEO principles and anti-discrimination laws, employers in Australia are encouraged to implement a range of policies and practices that promote diversity, inclusion and equal opportunity throughout each level of their business. These may include:
- Recruitment and selection policies that are based on merit and do not discriminate against candidates based on their personal characteristics;
- Training and development programs that are accessible to all employees and provide equal opportunities for career advancement;
- Policies and procedures that clearly define what constitutes discrimination and harassment, and provide employees with a safe and confidential reporting mechanism if they experience discrimination or harassment;
- An inclusive workplace culture that values diversity and promotes respect and understanding among all employees; and
- Regular monitoring and review of EEO policies and practices to ensure ongoing compliance and improvement.
2. Employers could also take complaints seriously with a clear process, including:
- meeting staff who have complained and actively listening to their perspective;
- documenting this meeting and clear out any doubts with the staff;
- investigating the complaint and keeping a record of any evidence and the parties involved;
- taking disciplinary action or mediating sessions to discuss and resolve the issue; and
- following up with the staff who have complained to ensure they are satisfied with the outcome.
Do not however, disregard the employee’s complaint, make your own assumptions or waste time to take action. This will encourage the employee to take this matter to the Fair Work Ombudsman or Australian Human Rights Commission.
3. Ensuring that you hiring teams are unbiased;
It is important for your hiring team to reduce all biases – conscious and unconscious, that will disadvantage diverse candidates. Organising diversity training and having open discussions about biases will be beneficial for your team.
Legal advice
An Equal Employment Opportunity policy can definitely promote diversity and minimize discrimination, bullying and harassment in the workplace in the long run. If you need any assistance with implementing an EEO policy or any complaints, Legal Kitz is here to help! To arrange a FREE consultation with one of our highly experienced solicitors, click here today, or contact us at [email protected] or 1300 988 954. You can also check out our sister company, Business Kitz’ and its subscription service today to access our full range of legal, commercial and employment documents to begin your business with a solid foundation that ensures compliance.