Our aim is to consider the law relating to Discrimination and Equal Employment Opportunity applicable to Steelx University and its staff, to avoid discrimination in the workplace and encourage Equal Employment Opportunity at Steelx University as a workplace, and education provider for the purpose of minimising the risk of discriminatory behaviours.
2. Our aim………….
To consider the law relating to Discrimination and Equal
Employment Opportunity applicable to Steelx University
and its staff, to avoid discrimination in the workplace and
encourage Equal Employment Opportunity at Steelx
University as a workplace, and education provider
for the purpose of
Minimise the risk of discriminatory behaviours
3. We will consider………….
•What is discrimination?
•Where can it occur?
•What is an act of discrimination?
• What is sexual harassment?
•What are the consequences?
•What not to do and what to do…?
5. What is discrimination?
An action, policy or procedure, or inaction that treats
or proposes to treat a person with an attribute less
favourably than someone else without that attribute
in the same circumstances
This is very wide and open to interpretation, hence the
risk..
8. Direct
Discrimination………….
For example not offering a person a promotion
(treating less favourably) because they are a female
(the attribute) even though that person has the same
qualifications for the job (same circumstances)
9. Direct Discrimination …….
The intention of the person discriminating does not matter
It does not matter that the person discriminating against
another does not consider the treatment less favourable
Therefore it is no excuse to say I didn’t mean it, or I don’t think
that the person was treated less favourably, direct
discrimination is determined by how the person perceives
their treatment
10. Indirect
Discrimination………….
Occurs where a person or institution imposes, or
proposes to impose a term or condition, that a person
with an attribute can not comply with, and with which
a higher proportion of people with that attribute can
not comply with.
That is not reasonable
11. Indirect
Discrimination………….
An example is where a group of people sharing an attribute
are effectively prohibited, or a higher proportion are, from
specific employment as the terms, conditions or
requirements imposed on applicants can not be met by the
individual and that group with the attribute.
12. Indirect
Discrimination………….
Whether or not the term or condition
is reasonable
is determined by considering
the consequences of not failing to comply
the cost of alternatives and
the circumstances of the person imposing the term or
condition
18. Attributes………….
•Sex Discrimination Act 1984 (Cth)
•Disability Discrimination Act 1982 (Cth)
• Racial Discrimination Act 1975 (Cth)
Have similar prescriptive attributes in each of the Acts
19. Where can it
occur………….
•At work as an employee, contractor or visitor
•At School or University as a student, prospective
student or applicant
•Where services are provided
•Where accommodation is provided offered or
arranged
20. We need to
consider………….
•How we behave and treat others when at work at
Steelx
•How we treat clients, prospective clients or job
applicants at Steelx
•How we allocate and assign services and benefits at
Steelx
21. What is a discriminatory
act…….
Examples:
•Not appointing someone to a job due to there being
gay
•Refusing an applicant admission to a course due to
an impairment or disability
•Ignoring someone in the staff room as they are from
another country
23. Remember …….
•That you do not intend to be discriminatory doesn’t
matter
•It is how the person perceives their treatment
•Therefore be careful of jokes/comments/chatter
about an attribute, and then having to refuse
someone a promotion, what is the inference!!!!
24. Sexual harassment …….
Happens if a person
(a) subjects another person to an unsolicited act of physical
intimacy; or
(b) makes an unsolicited demand or request for sexual
favours from the other person; or
(c) makes a remark with sexual connotations relating to the
other person; or
(d) engages in any other unwelcome conduct of a sexual
nature in relation to the other person
25. Sexual harassment …….
and the person engaging in the conduct does so
•with the intention of offending, humiliating or
intimidating the other person; or
•in circumstances where a reasonable person would
have anticipated the possibility that the other person
would be offended, humiliated or intimidated by the
conduct.
26. Consequences…….
•A complaint may lead to an internal investigation,
and potential termination of employment
•A complaint may be made to the Anti Discrimination
Commission Queensland or the Human Rights and
Equal Opportunity Commission, to which you
personally may be a respondent.
27. Consequences…….
•Counselling and further training
•Suspension or transfer
•Termination of employment
•Payment of compensation to a complainant and
punitive payments by order of a Tribunal or Court
28. Consequences…….
Procedure:
•Complaint to ADCQ or HREOC
•Investigation by ADCQ or HREOC
•Conciliation Conference between parties
•Not settled, referred to Tribunals for hearing after
further investigation
•Trial in Court
29. Consequences…….
•Personal injury claims against Steelx and you
personally by a complainant
•WorkCover claims against the Steelx by a
complainant
•Workplace Health & Safety Investigation of the
circumstances against Steelx and you
30. What not to do……
•Discriminate or harass others because they are
different
•Ignore discrimination or harassment if you witness it,
or are a victim of it
•Be ignorant of the fact that people are different and
what one sees as funny, another may not
•Ignore an issue if it arises
31. What to do……
•Be aware of your obligations in the workplace and at
Steelx as an employee and service provider
•Make yourself aware of Steelx’s Policies and
Procedures regarding discrimination, EEO, sexual
harassment and investigations of complaints
•Treat others with respect, as you expect to be
treated and don’t tolerate discrimination
32. What to do……
•Be conscious of potential matters in your day to day
duties
•If you come across an issue that may have
discrimination consequences seek advice from
Management
33. Conclusion……
•Be aware of your obligations as you may be
personally liable
•Consider discrimination before making a decision or
commencing a course of action
•If unsure seek advice immediately
•Don’t enter into debates without advice
