How to Avoid Discrimination in the Workplace

As an employer it is your responsibility to ensure you are across all aspects of anti-discrimination laws and know how they apply to your business. Also keep in mind that these laws apply to every aspect of business, including recruitment.

The law states that all employees are covered by the Fair Work Act 2009, and includes full-time, part-time and casual employees, probationary employees, apprentices and trainees and individuals employed on contracts

The law states that all employees are covered by the Fair Work Act 2009, and includes full-time, part-time and casual employees, probationary employees, apprentices and trainees and individuals employed on contracts. Some points of note:

• Everyone in your workplace must be treated equally and fairly regardless of position

• Promotions and opportunities should be available equally to all employees and follow non-discriminatory criteria. Aspects such as family or disabilities should not play a role in the decision making process.

• Training should be offered in a variety of methods where possible. These options might include e-learning, self-elected and self-paced training days or training completed in blocks. This will ensure all employees have equal opportunity to complete required training in a way most convenient to the employee 

• If you work in an environment with shift work, make sure all employees are given enough notice to cover such things as parental or carer responsibilities. Allocate shifts well in advance and take note of employee availability.

• Employees have a right to choose whether they want to transfer to another office or position.

In addition to the above points, it might be worth noting the attributes employers must not discriminate against include:

• Race
• Colour
• Sex
• Sexual preference
• Age
• Physical or mental disability
• Martial status
• Family or carer’s responsibilities
• Pregnancy
• Religion
• Political opinion
• National extraction or social origin

Discrimination or unlawful action could possible take place in a number of different circumstances. This could include an employer doing or threatening to do the following;

• Dismissing an employee
• Injuring an employee in the workplace
• Altering an employee’s position to their disadvantage
• Discriminating between employees
• Refusing to employee a prospective employee based on any of the attributes listed above.
• Discriminating against a prospective employee on the terms and conditions in their offer of employment.

It’s important to take anti-discrimination in the workplace seriously. Under the Fair Work Act 2009, penalties can range from $6,600 per breach for an individual and up to $33,000 per breach for a corporation. For further information on preventing workplace discrimination call Annette from End2End Business Solutions on 02 8977 4002.