Preventing discrimination & harassment in the workplace Roddy Shaw Principal Consultant MA, LLM (Human Rights)

Outline What is diversity to companies? Why diversity? What are companies doing to mitigate risks? What is missing? How can we help?

What is diversity to companies?

Why diversity?

What are companies doing to mitigate risks?

What is missing?

How can we help?

What is diversity to companies?

Being diverse is not optional; it is what we must be. Goldman Sachs Diversity is an important ingredient to being able to reach out to our clients in a meaningful way. Diversity is what moves our business forward. - UBS Our success is made possible by our people and the broad range of talents that they bring to the bank - Standard Chartered Bank Our every success is due to the efforts of our global, diverse workforce. - Intel

Being diverse is not optional; it is what we must be.

Goldman Sachs

Goldman Sachs UBS Merrill Lynch HSBC IBM KPMG Standard Chartered Bank Ernst & Young Intel Marks & Spencer Disney Nike Mini survey of companies’ diversity statements

Goldman Sachs

UBS

Merrill Lynch

HSBC

IBM

KPMG

Standard Chartered Bank

Ernst & Young

Intel

Marks & Spencer

Disney

Nike

One common message To be successful in global markets, companies need to be committed to diversity and creating an inclusive environment.

Why diversity? Reputation Risk Mitigation Recruitment & Retention Productivity Market Opportunities

Reputation

Risk Mitigation

Recruitment & Retention

Productivity

Market Opportunities

What are companies doing to mitigate risks?* 70% *Source: “A Closer Partnership with Business” by Wirthlin Worldwide Asia for EOC Set up grievance handling 13% 38% 24% Assign EO officer State EO policy Conduct EO training

Internal Grievance Handling Many of these mechanisms work Some fail => EOC complaints / litigation 1

Many of these mechanisms work

Some fail => EOC complaints / litigation

Why does grievance handling fail? Unclear scope of coverage Conflicting expectations Misplaced focus on finding / denying fault The process takes too long Employees simply unaware of such mechanisms Employees fear of retaliation & are unaware of protection against it

Unclear scope of coverage

Conflicting expectations

Misplaced focus on finding / denying fault

The process takes too long

Employees simply unaware of such mechanisms

Employees fear of retaliation & are unaware of protection against it

Effective grievance handling Clear scope of coverage (victimization!) Management of expectations Don’t struggle to agree on fact / whose fault Time management, attempt mediation asap Train employees (all levels, not just HRM) about EO Contact officers in each business unit Grievance officers should be independent & well respected individuals

Clear scope of coverage (victimization!)

Management of expectations

Don’t struggle to agree on fact / whose fault

Time management, attempt mediation asap

Train employees (all levels, not just HRM) about EO

Contact officers in each business unit

Grievance officers should be independent & well respected individuals

Some problems with EO Policy Too simple: “We are an equal opportunity employer” Unclear grounds (those legislated for and more) What does each term mean? Global vs local Incomplete: Customers? Employee Benefits? Positive discrimination? 2

Too simple: “We are an equal opportunity employer”

Unclear grounds (those legislated for and more)

What does each term mean?

Global vs local

Incomplete: Customers? Employee Benefits? Positive discrimination?

A Good EO Policy Clear scope of coverage Explain each term Enumerate the grounds that are covered by the policy Expand on the global policy to cater for local context and compliance with local laws Deal with positive discrimination, customers and employee benefits, if applicable Use Equality Impact Assessment (EqIA) as a tool to help you formulate your EO policy

Clear scope of coverage

Explain each term

Enumerate the grounds that are covered by the policy

Expand on the global policy to cater for local context and compliance with local laws

Deal with positive discrimination, customers and employee benefits, if applicable

Use Equality Impact Assessment (EqIA) as a tool to help you formulate your EO policy

Contact Officers To provide information and answer enquiries in relation to EO Be known to all employees Be properly trained Be bound by strict confidentiality rules 3

To provide information and answer enquiries in relation to EO

Be known to all employees

Be properly trained

Be bound by strict confidentiality rules

Grievance Officers To handle grievance reported Be impartial and well respected Be known to all employees Be properly trained Be bound by strict confidentiality rules

To handle grievance reported

Be impartial and well respected

Be known to all employees

Be properly trained

Be bound by strict confidentiality rules

EO Training Training to all levels of staff HRM, contact officers, grievance officers, line managers should receive different in-depth training Training should be tailored to your diversity objectives 4

Training to all levels of staff

HRM, contact officers, grievance officers, line managers should receive different in-depth training

Training should be tailored to your diversity objectives

What is missing?

Gaps Little on service provision and EO policy for customers, e.g. Accessibility Ethnic minority sensitivity Between policy & practices Between global policy & local implementation Impact assessment for new / changed policies / practices Minorities: LGBT, people living with HIV/AIDS, people with disabilities Vicarious liability

Little on service provision and EO policy for customers, e.g.

Accessibility

Ethnic minority sensitivity

Between policy & practices

Between global policy & local implementation

Impact assessment for new / changed policies / practices

Minorities: LGBT, people living with HIV/AIDS, people with disabilities

Vicarious liability

Vicarious Liability Employers are liable to discriminatory acts done by individual employees According to the 2001 survey*, 99% were concerned with their legal liability Yet, only 1/3 MLE employers realized they are vicariously liable 42% aware that they can do something to minimize liability *Source: “A Closer Partnership with Business ” by Wirthlin Worldwide Asia for EOC

Employers are liable to discriminatory acts done by individual employees

According to the 2001 survey*, 99% were concerned with their legal liability

Yet, only 1/3 MLE employers realized they are vicariously liable

42% aware that they can do something to minimize liability

Defense to vicarious liability claims Having taken steps to prevent discrimination or harassment Steps include: A clear policy statement on equal opportunity Training on policy and practices to avoid unlawful behaviour Employee sign-off of understanding the policy and having attended proper training

Having taken steps to prevent discrimination or harassment

Steps include:

A clear policy statement on equal opportunity

Training on policy and practices to avoid unlawful behaviour

Employee sign-off of understanding the policy and having attended proper training

Communicate your diversity initiatives CSR / Sustainability Reports Annual Reports Use Global Reporting Initiatives (GRI) standards Under Human Rights, Social Performance No. of discrimination cases Include your diversity initiatives in COP for UN Global Compact

CSR / Sustainability Reports

Annual Reports

Use Global Reporting Initiatives (GRI) standards

Under Human Rights, Social Performance

No. of discrimination cases

Include your diversity initiatives in COP for UN Global Compact

How can Diversity Factor help?

Solutions offered EO review on policy & practices (incl. grievance handling mechanism) EO Training Introduction to RDO Vicarious Liability Contact Officer Role EqIA Case representation & ADR Communications & Reporting

EO review on policy & practices (incl. grievance handling mechanism)

EO Training

Introduction to RDO

Vicarious Liability

Contact Officer Role

EqIA

Case representation & ADR

Communications & Reporting

Cases we have dealt with Sectors : transportation, airline, hotels, travel agents, property development, banking, insurance, retail, electronics, telecom, education, health, public sector, NGOs Grounds of discrimination : gender, disability, marital status, pregnancy, family status, sexual orientation, transgender status, HIV status Acts : discrimination, harassment, victimization, discriminatory practice

Sectors : transportation, airline, hotels, travel agents, property development, banking, insurance, retail, electronics, telecom, education, health, public sector, NGOs

Grounds of discrimination : gender, disability, marital status, pregnancy, family status, sexual orientation, transgender status, HIV status

Acts : discrimination, harassment, victimization, discriminatory practice

Thank you Q&A