BSBDIV501A: Manage diversity in the workplace
ASSIGMENT 3: REPORT
'Equal opportunity' in employment means ensuring people are treated on a fair and equitable basis in the workplace, on the basis of their skills and abilities, whatever their differences in other respects.
'Discrimination' is where a person is treated less favourably because of their sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. Discrimination may be direct, indirect or systemic.
'Harassment' for the purposes of these procedures is defined as any unwelcome, offensive, belittling or abusive comment or action regarding a persons' sex, age, marital status, pregnancy, race, ethnic origin, sexual orientation, gender identity, political or religious conviction, impairment, family responsibility or family status. It is behaviour towards another person which is unwanted and which adversely affects the work environment.
'Victimisation' includes any unfavourable treatment of a person who has been involved with a discrimination or harassment enquiry or complaint. Unfavourable treatment could include adverse changes in the working environment, denial of training, denial of promotion, and exclusion by peers.
'Respondent' means the person or organisation against whom a complaint of harassment or discrimination has been made.
Discrimination and harassment are unacceptable behaviour. They conflict with the organisation policy and deny the rights of staff to fair treatment. Discrimination and harassment are serious issues which undermine morale and can adversely affect the ability of staff to achieve their full potential within the organisation.
Policy and procedures for resolving complaints of discrimination and harassment have been adopted by the organisation to:
While it is not possible to document all instances in which discrimination and harassment in the work area may occur, listed below are examples of situations to be avoided.
The aims of these procedures for dealing with equity and diversity complaints are to:
Internal and external procedures for dealing with complaints
Any person who feels that they have been discriminated against or harassed may:
FORMS OF HARASSMENT
1. Sexual Harassment
Sexual harassment consists of any behaviour of a sexual nature that is uninvited and unwelcome. It is an unwelcome sexual advance or unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, perpetrated in circumstances in which a reasonable person would anticipate that the person harassed would be offended, humiliated or intimidated. It may be a single incident or a prolonged pattern of behaviour. It may be unintentional or deliberate. It may be consistent with values and behaviour that have previously gone unchallenged but which are reasonably viewed by the person to whom they are directed as offensive, humiliating or intimidating. Such unwelcome behaviour may include but is not limited to-
2. Racial Harassment
3. Disability-based Harassment
4. Harassment and Bullying
5. Other Forms of Harassment
Discrimination on grounds other than those listed above may adversely affect work and study. Such grounds include age, gender identity, religion, political belief or activity, sexuality, and trade union activity. Such discrimination harassment is contrary to organisation policy and, in the exempla quoted above, to the law.
Use of discrimination and Harassment policy
The information below is an example of sexual harassment and Discrimination policy & procedure.
Organisation Policy on: Sexual Harassment
Purpose of the policy and summary of issues it addresses
This policy details the organisation's expectations of employees in respect of conduct that constitutes sexual harassment. It explains the procedures for investigation of all complaints of sexual harassment, and the steps towards achieving a harassment-free workplace.
Sexual Harassment is unwelcome behaviour or contact of a sexual nature which offends, intimidates, embarrasses or humiliates a person. Sexual harassment is not about sexual attraction: it is about inappropriate and unacceptable behaviour towards a member of the organisation community which may be detrimental to their employment.
Complainant means the person raising an issue, providing a notification or making a complaint about a matter that they wish the organisation to consider and for which specific outcome/s or resolution/s are explicitly or implicitly expected.
Duty of Care requires all employees to take reasonable care in view of reasonably foreseeable circumstances that may arise. Safety of employees on workplace is the first priority in any situation.
Duty of Confidentiality requires Employees to maintain confidentiality with respect to personal information, but requires them to disclose information when serious concerns arise regarding the safety of an individual or others.
Employee means a person employed by the organisation who has an ongoing, fixed term or casual contract.
ERMS means Employee Relations & Management Services at the University.
Respondent means a employee against whom claims relating to sexual harassment are made.
Supervisor/Manager means the person who is responsible for supervision of the Employee.
Vexatious Complaint is a complaint that has been instituted with no reasonable grounds for asserting that the alleged conduct occurred.
Victimisation is a separate but related form of unlawful behaviour. The term refers to any unfavourable treatment of a person by reason of their involvement with a sexual harassment enquiry or complaint.
The organisation is committed to maintaining a workplace culture of inclusivity and respect, upholding the rights of employees to fair treatment. Sexual harassment has no place in such an environment. Sexual harassment is a serious issue that undermines morale and can adversely affect the ability of Employees to achieve their full potential within the organisation. Such behaviour is unacceptable and all complaints will be dealt with fairly and promptly. Any Employee who is found to have sexually harassed another member of the organisation community may be subject to penalty.
Under the Western Australian Equal Opportunity Act (1984), the Commonwealth Sex Discrimination Act (1984) and Fair Work Act (2009), sexual harassment in employment, education, accommodation and in the provision of goods services and facilities is unlawful. This extends to all of the organisation's sites and includes the organisation's Employee accommodation and facilities to the extent that location/personnel are under the control and administration of the organisation.
The policy also extends to activities and situations related to the organisation and organisation business that may not be conducted on organisation premises.
Where a matter arises between an organisation Employee and a person not employed by the organisation but undertaking official duties for the organisation, the matter will be dealt with according to this policy. When a complaint of sexual harassment is raised against a person who is not an Employee of the organisation, and not undertaking official duties for the organisation but for another employer, the organisation will liaise with that person's employer to ensure that the matter is dealt with promptly using the most appropriate procedures.
Employees on placement outside the organisation are covered by the policies of the organisation with which they are placed. In the event of en employee experiencing sexual harassment while on placement the organisation, as part of its Duty of Care, will liaise with the other organisation to ensure that the matter is dealt with promptly using the most appropriate procedures. If an Employee on placement is named as a Respondent in a sexual harassment complaint while on placement this policy will apply.
3. Examples of sexual harassment
All relevant Acts define sexual harassment as conduct with a sexual component which is unwelcome, unsolicited and unreciprocated. Conduct with a sexual component includes physical, visual, verbal and non-verbal behaviour.
Sexual harassment includes, but is not limited to:
Sexual harassment may be perpetrated or experienced by people of any sexual orientation or gender identity. It can be a single incident or a persistent pattern of unwelcome behaviour.
Any organisation work, living environment that could be deemed hostile to a person in a sexual context is considered to be inappropriate by the organisation. This includes an environment where sexually explicit or belittling written or pictorial information is circulated or displayed in any form including print, email, SMS/MMS communications, by mobile phone cameras and, where specifically directed toward a person, on social networking websites.
4. What sexual harassment is not
Sexual harassment is not mutual attraction, consensual romantic involvement or friendship. Behaviour can constitute sexual harassment if the interaction changes from being based on mutual attraction, friendship or respect to non-consensual, unwelcomed and unreciprocated interactions.
5. When sexual harassment is a criminal offence
Sexual harassment involving a physically violent and/or coercive component, or threats of physical violence, such as physical molestation or assault, persistent following or stalking, and indecent exposure, may be considered sexual assault and possibly a criminal offence. Any person who is subjected to such incidents should seek advice and support concerning reporting the matter to the police and/or the Sexual Assault Referral Centre (SARC).
6. Duty of Care
The organisation as an employer is required to comply with the WA Occupational Safety and Health Act 1984 including when implementing remedial and preventative action, which may be required in response to allegations of sexual harassment. Remedial and preventative action (including disclosure of necessary information) are required under this policy;
The organisation has both legal obligations and a Duty of Care to all its Employees which may take precedence over a Complainant's desire for confidentiality. Duty of Care considerations will include an assessment of the safety of people involved in the matter, and may require Employee relocation or adjustment of duties and reporting lines, or the organisation timetable, while the matter is addressed.
7. Determining when sexual harassment has occurred
The Commonwealth Sex Discrimination Act stipulates that sexual harassment has occurred in circumstances in which a reasonable person, given all the circumstances, would anticipate the possibility of the person harassed being offended, humiliated, or intimidated because of the conduct.
The WA Equal Opportunity Act states that the conduct will be deemed sexual harassment if the person harassed is, or has reasonable grounds for believing that rejection, refusal or objection to the request, advance or conduct will disadvantage them in any way related to their employment. Disadvantage here also includes psychological and emotional distress affecting the person's ability to pursue their usual work.
It is not necessary for the complainant to have told the harasser that the behaviour was unwelcome for the behaviour to constitute sexual harassment.
It is not the intention of the person accused of sexual harassment that determines whether sexual harassment has occurred. It is the perception of the recipient of that conduct that determines whether the matter is considered by them to be sexual harassment.
Guidelines for determining when Sexual Harassment has occurred:
Circumstances to be taken into account would include but not be limited to the age, sex, marital status, sexual orientation, religious belief, ethnic or cultural background, disability or medical condition of the person alleging that sexual harassment has occurred.
Lack of objection by the person experiencing the sexual harassment does not imply that the conduct was welcome. In many cases, apparent consent might be based on intimidation or fear. Sexual co-operation may occur because an employee consents to inappropriate behaviour out of fear of the consequences if they do not. Sexual harassment in this context can also include implied career rewards for sexual co-operation, or an implied detriment to the person's career if they do not consent.
The fact that not everybody would be offended by the behaviour does not mean that it will not amount to sexual harassment. Some forms of sexual conduct considered innocuous or trivial by some people may be considered offensive by others. Behaviour that has been acceptable to a person in one set of circumstances may not be acceptable in another. Furthermore, behaviour which is acceptable in some cultures may be regarded as unacceptable or offensive in others. This also applies to situations where the conduct has previously been tolerated within a particular work or learning environment and now is not.
8. Employee Rights and Responsibilities
All employees have a right to participate in an environment free from harassment. All employees have a responsibility to uphold the organisation's policy on the prevention of sexual harassment, and to comply with the Western Australian Equal Opportunity Act, Commonwealth Sex Discrimination Act and Fair Work Act, and other relevant legislation.
9. Supervisors and Managers
Supervisors/Managers have a particular responsibility to promote and support the organisation's sexual harassment policy, and to take appropriate action in circumstances where they become aware of instances of possible sexual harassment, even without a complaint being lodged. Where the Complainant decides to lodge a complaint, the process stipulated in this document is to be followed.
Supervisors/Managers and have a responsibility to ensure their areas are free from sexual harassment by:
All Managers/Supervisors who are the first point of contact for the complainant are encouraged to contact the Associate Director, Equity and Diversity for advice in the first instance, but may also seek advice and support from elsewhere such as the Manager, Complaints Resolution Unit or Human Resources.
Any improper conduct observed should be reported to a Supervisor, Manager, or other appropriate person such as an Equity and Diversity Adviser.
10. Procedural Fairness
Procedural fairness to both complainant and respondent is to be ensured. Procedural Fairness may include:
Individuals subjected to or witnessing sexual harassment:
The organisation encourages individuals to seek advice and support within the organisation in the first instance. Attempts should be made to resolve the complaint within the organisation where this is possible and appropriate. It is anticipated that most complaints will be resolved at the local level.
1. Taking Action
If possible the Complainant should take action and state an objection directly to the respondent.
Taking action can be as simple as:
If the Complainant feels unable to do this, or if this approach does not result in a cessation of the behaviour, the Complainant should seek advice.
2. Seeking Advice
The complainant can seek advice from one of the following support areas:
Personnel from support areas should listen to the complainant with respect and empathy, providing information and support to the complainant.
The provision of advice can include:
If the matter is resolved to the satisfaction of the Complainant after advice has been received, it will be closed. Staff must heed mandatory records and recording procedures (See Recording and Records (below)) and confidentiality requirements (see Confidentiality and Privacy (below)).The support area that advises and supports the complainant is advised to follow the matter up after a reasonable period of time to determine whether the matter remains resolved.
If the matter is not resolved and/or potentially requires further action, the complainant can lodge a complaint.
3. Lodging a Complaint
Where the Complainant decides to lodge a complaint, they have a right to access support and advice from any of the areas listed in point 2 (above). Throughout the process both the complainant and the respondent may have a support person with them. Support persons are to be made aware of the organisation's confidentiality requirements (below).
The complainant should seek advice as to whether the behaviour warrants reporting to an authority (e.g. the Police), or to a support agency such as the Sexual Assault Referral Centre [SARC]).
The complaint should be directed to the respondent's immediate Supervisor who can consult with ERMS, Safety and Health, Equity etc. Where a conflict of interest (whether actual or perceived) exists, the complaint should be directed to the Supervisor or Manager of that immediate Supervisor.
This person is responsible for lodging the complaint with the Manager, Complaints Resolution Unit or logging it into the Complaint handling database.
4. Preliminary Inquiry
A preliminary inquiry should serve to establish whether resolution of the matter can be achieved in a just, prompt and confidential manner at the local level. Care should be taken by the Supervisor not to pre-judge either party or to dismiss a matter as trivial. The Manager/Supervisor may utilise a range of strategies in resolving the complaint whilst ensuring that principles of procedural fairness are observed (see above).
The preliminary inquiry assesses whether the matter, on the balance of probabilities, did occur. If after a preliminary inquiry into the matter the allegations are assessed as not meeting the required standard of proof, the complainant will be advised and, unless further information is forthcoming, the complaint will be closed. If this standard of proof is met and possible disciplinary action is required then the matter should be referred. In the case of employees such referral should be to ERMS within Human Resources for investigation as a possible misconduct or serious misconduct matter under the relevant Staff Agreement.
Where the immediate Manager/Supervisor is not the appropriate case manager by virtue of conflict of interest, because they are not an organisation Employee or it is otherwise unsuitable, an alternative person will be appointed to conduct the preliminary enquiry. This alternative person shall be determined by the Director or Human Resources.
A preliminary inquiry should be conducted in accordance with the record keeping and confidentiality processes outlined in this policy (see below). Responses to concerned parties should be provided in a timely manner.
5. Liaise with Appropriate Area with Expertise
The Manager/Supervisor managing the case will liaise with ERMS, Equity and Diversity, Complaints Manager or other relevant area of expertise to obtain information concerning the next stage. If disciplinary action is required, the matter should be referred to ERMS in the case of an employee so that the matter can be dealt with under the appropriate regulations. However, even if the matter can be resolved at a local level, it may be important to utilise support from other areas of expertise in order to manage the situation effectively and also for reporting purposes.
If the preliminary inquiry determines that an allegation of sexual harassment is of sufficient substance to warrant an investigation, the case manager will follow the misconduct or serious misconduct processes for employees as set out in the relevant Staff Agreement and refer the matter to ERMS within Human Resources for investigation.
11. Confidentiality and Privacy
Employees involved in investigations of sexual harassment are obliged to ensure confidentiality and privacy in so far as is possible to address or resolve the complaint. Complainants and respondents will be strongly advised at all stages of the internal procedure to maintain confidentiality and to discuss the complaint only with those who have an official responsibility for dealing with the matter and specific individuals who may be supporting them through the process.
Exceptions: Employees are obliged to disclose information relating to sexual harassment allegations or investigations where:
Notes concerning Records Management
Brief and accurate details of allegations of Bullying and any subsequent investigations of these should be recorded by Case Managers in keeping with the organisation's Records Management Policy
12. Conflict of Interest
No person should be placed in a situation where there is real or perceived conflict of interest. If a complainant or respondent believes that a real or perceived conflict of interest exists when a matter involving them is to be investigated, they can ask for an alternative case manager to be appointed.
A conflict of interest includes any circumstance, whether actual or perceived, arising from conflict between the performance of public duty and private or personal interests. All parties involved in the preliminary inquiry into and possible resolution of complaints of sexual harassment will ensure:
Individuals who have concerns about perceptions of possible conflict of interest or partiality should exclude themselves from the process, refer their complaint to their Manager, or seek advice from within Human Resources (e.g. ERMS, Equity).
In employment relationships, a perception of a conflict of interest may be seen to exist where it would be likely that a person might reasonably fear that a more senior staff member managing their allegations might be influenced by factors other than employment management considerations.. While a conflict of interest must always be acknowledged, depending on the circumstances, it may not always be necessary to act upon such a conflict. However, if there is any doubt, advice must be sought from one's Manager or from the Associate Director, Equity and Diversity before proceeding further with the matter.
Unfavourable treatment of complainants, respondents, or witnesses and support people as a consequence of their actual or intended participation in a complaint inquiry, investigation or resolution process may constitute victimisation and is unlawful. Victimisation occurs when a person is subjected to, or is threatened with a detriment because they have made a complaint, or been involved in a complaint procedure, or it is believed they intend to lodge a complaint or become involved in a complaint procedure. Unfavourable treatment includes, but is not limited to, adverse changes to a work environment, denial of access to resources, work opportunities or training, or ostracism or exclusion by others.
Complaints of victimisation related to a sexual harassment complaint will be dealt with as misconduct and may, if substantiated, result in disciplinary action under the terms of the relevant Staff Agreement ( http://www... ).
14. Vexatious Complaints
If the complaint is found to be vexatious, the organisation may take action against the complainant employee under the organisation's misconduct procedures contained within the Schedules under the relevant Staff Agreement (www…).
Training needs and benefits
A training need is a shortage of skills or abilities, which could be reduced or eliminated by means of training and development. Training needs hinder employees in the fulfilment of their job responsibilities or prevent an organisation from achieving its objectives. They may be caused by a lack of skills, knowledge or understanding, or arise from a change in the workplace.
Training needs analysis identifies training needs at employee, departmental or organisational level in order to help the organisation to perform effectively. The aim of training needs analysis is to ensure that training addresses existing problems, is tailored to organisational objectives, and is delivered in an effective and cost-efficient manner.
Training needs analysis involves:
Training needs will be sorted broadly into three types:
1. Ensure that the identification of training needs is integrated across the organisation
2. Anticipate future needs
3. Develop monitoring techniques
The organisation makes a valuable contribution to the process of collecting information on performance gaps and training needs from:
4. Investigate unexpected problems with care
5. Identify the level of need
It could be that a training need is limited to a single individual or activity but it is more likely to be relevant for a number of people, a whole department or across the organisation.
6. Consider what type of training will be most appropriate
7. Take appropriate action
If the training needs are within span of control, probably at individual or maybe at activity level
If the needs are broader
The training benefits.
An organization’s success and competitiveness depends upon its ability to embrace diversity and realize the benefits. When organizations actively assess their handling of workplace diversity issues, develop and implement diversity plans, multiple benefits are reported such as:
Organizations employing a diverse workforce can supply a greater variety of solutions to problems in service, sourcing, and allocation of resources. Employees from diverse backgrounds bring individual talents and experiences in suggesting ideas that are flexible in adapting to fluctuating markets and customer demands.
A diverse collection of skills and experiences (e.g. languages, cultural understanding) allows a company to provide service to customers on a global basis.
A diverse workforce that feels comfortable communicating varying points of view provides a larger pool of ideas and experiences. The organization can draw from that pool to meet business strategy needs and the needs of customers more effectively.
Companies that encourage diversity in the workplace inspire all of their employees to perform to their highest ability. Company-wide strategies can then be executed; resulting in higher productivity, profit, and return on investment.
Moreover, training will help to:
The specific legal in the training
The training refer to some specific legal or regulation such as:
1. TheWorkplace Gender Equality Act 2012 (Act) replaced the Equal Opportunity for Women in the Workplace Act 1999. The strengthened legislation aims to improve and promote equality for both women and men in the workplace.
The Workplace Gender Equality Act 2012 is improved from the past as follow:
The principle objects of the Act are to:
In the future people believe that, this Act will be improved and promoted more equality for both women and men in the workplace again.
2. Age Discrimination Act 2004
The Age Discrimination Act 2004 helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including:
The Act also provides for positive discrimination – that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in the following areas:
For further information: All about age discrimination.
3. Disability Discrimination Act 1992
The Disability Discrimination Act 1992 has as its major objectives to
For further information visit Disability Rights.
4. Australian Human Rights Commission Act 1986
The Australian Human Rights Commission Act 1986 (formerly called the Human Rights and Equal Opportunity Commission Act 1986). Established the Human Rights and Equal Opportunity Commission (now known as the Australian Human Rights Commission) and gives it functions in relation to the following international instruments:
In addition, the Aboriginal and Torres Strait Islander Social Justice Commissioner has specific functions under the AHRC Act and the Native Title Act,1993 to monitor the human rights of Indigenous people.
For further information: The Australian Human Rights Commission (information sheet).
Expectation in regard to behaviour
All staff has a responsibility to encourage workplace diversity and avoid any action that goes against the spirit of this policy & procedure. Thus, staff at all levels must ensure that diversity is considered in any of their decisions or behaviour.
The Board, CEO and Executive Team are responsible for:
Management is responsible for:
Each employee is responsible for:
Until such time as the organisation human resources department is formally established, Management will remain responsible for:
Breaches of the Diversity Policy will be regarded as misconduct and could lead to disciplinary proceedings. The policy will be monitored and reviewed on a minimum annual basis.
Importance of diversity when selecting and recruiting staff
Diversity is important when selecting and recruiting staff because there are many benefits to the organisation such as increased productivity, creativity, variety of viewpoints and business reputation. However, there some challenges or problems that could happen because of their diversity such as bullying, harassment and diversity.
The steps when diversity Workplace problem arise and action that would be taken if it happens.
In conclusion, every employee & staff in all level in this organisation must follow this diversity policy & procedure because there are many benefits to both of them and organisation. The training will be created after management do the training needs analysis by collecting information by using any ways such as observation and monitoring. After that every staff will be provided appropriate training. In the training will train about specific legal or regulation as well. Finally, in this policy & procedure have example of sexual harassment that come with step by step to easy for understanding.
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