Discrimination Policy - Template, Sample Form Pro · AU-law

WORKPLACE DISCRIMINATION, HARASSMENT AND BULLYING POLICY

________ (ACN ________) (ABN ________) of ________ ("Employer")

Effective date: ________

Version: ________  |  Date of next review: ________

§ 1 – PURPOSE AND COMMITMENTS

1.1 The Employer is committed to providing all Staff with a workplace that is safe, inclusive, respectful, professional and free from discrimination, sexual harassment, harassment, bullying and victimisation.

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1.3 Every Staff member has the right to be treated with dignity and respect, and a corresponding obligation to treat other Staff members and members of the public with dignity and respect.

1.4 This Policy is a statement of the Employer's expectations and obligations. It does not form part of any contract of employment or engagement and does not create any contractual obligation on any party. The Employer may amend, replace or withdraw this Policy at any time.

§ 2 – APPLICATION OF POLICY

2.1 This Policy applies to:

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(b) clients and customers of the Employer;

(c) any person holding the office of director or company secretary of the Employer;

(d) all employment-related matters, including recruitment, hiring, promotion, benefits, employment conditions, remuneration, training, development, allocation of tasks and responsibility, workload, work hours and scheduling, leave, performance management and termination;

(e) work-related activities, whether occurring at or away from the Employer's premises;

(f) work-related activities, whether during or outside ordinary work hours;

(g) work-related functions, social events, training events, team-building activities, conferences and any other events or activities in which Staff are involved as a consequence of their work for the Employer, including online and digital communications;

(h) the treatment by Staff of other Staff; and

(i) the treatment by Staff of customers, clients, business partners, business associates and any members of the public whom they encounter in the course of their work for the Employer.

§ 3 – MERIT-BASED DECISIONS

3.1 At the Employer, Staff are recognised and rewarded on the basis of merit.

3.2 For the purposes of this Policy, "merit" refers to a person's skills, qualifications, capabilities, talents, experience and competence relative to the genuine requirements of a particular role, and how well those attributes match the requirements of the role.

3.3 Personal characteristics (such as sex, gender, age, race, religion, disability or membership of a particular group) are generally irrelevant to a person's merit in relation to a particular role.

3.4 It is unacceptable at the Employer, and may be unlawful in Australia, when considering a person in relation to recruitment, promotion, benefits, employment conditions, training, development, allocation of tasks or responsibility, workload, work hours and scheduling, leave or other similar employment-related matters:

(a) to take into account a person's personal characteristics; or

(b) to ask a person questions, or to seek information in any way, about a person's personal characteristics,

unless those personal characteristics can be shown to be actually and directly relevant to a genuine and reasonable requirement of the position (an inherent requirement of the role).

§ 4 – LEGAL FRAMEWORK

4.1 Discrimination, sexual harassment, harassment, bullying and victimisation are unlawful in Australia and are not tolerated at the Employer.

4.2 This Policy is to be read consistently with the following legislation, as amended from time to time:

(a) Fair Work Act 2009 (Cth);

(b) Australian Human Rights Commission Act 1986 (Cth);

(c) Racial Discrimination Act 1975 (Cth);

(d) Sex Discrimination Act 1984 (Cth);

(e) Disability Discrimination Act 1992 (Cth);

(f) Age Discrimination Act 2004 (Cth);

(g) Work Health and Safety Act 2011 (Cth) and corresponding State and Territory work health and safety legislation; and

(h) the anti-discrimination, equal opportunity and human rights legislation applicable in ________ (being the State or Territory in which the Employer principally operates).

§ 5 – DISCRIMINATION

5.1 For the purposes of this Policy, discrimination involves treating, or proposing to treat, a person less favourably than another person in the same or similar circumstances, because that person belongs to a particular group or because of one or more of that person's personal characteristics.

5.2 Discrimination may be direct or indirect, and may occur even where there is no intention to discriminate.

5.3 Discrimination is against the law.

5.4 Under Australian law, it is unlawful to discriminate against a person on the basis of any of the following protected attributes ("Characteristics"):

(a) race, colour, descent, national or ethnic origin, nationality or ancestry;

(b) religion or religious belief or activity;

(c) disability, injury, illness or disease (including past, present or future, and imputed disability);

(d) medical record;

(e) age (whether young or old);

(f) sex;

(g) sexual orientation;

(h) gender identity;

(i) intersex status or sex characteristics;

(j) marital or relationship status;

(k) parental status or family or carer's responsibilities;

(l) pregnancy, potential pregnancy or breastfeeding;

(m) political opinion or activity;

(n) engagement, or proposed engagement, in industrial activity; and

(o) membership or non-membership of, or involvement in, a trade union or other industrial association.

5.5 Under Australian law it is also unlawful to discriminate against a person because they are assumed to have, or may in future have, one or more Characteristics.

5.6 Under Australian law it is also unlawful to discriminate against a person because they are associated with another person who is assumed to have, or actually has, one or more Characteristics.

§ 6 – INDIRECT DISCRIMINATION

6.1 For the purposes of this Policy, indirect discrimination occurs when a requirement, condition or practice that is the same for everyone has, or is likely to have, an unfair effect on a particular group of people, disadvantaging them because of one or more of the Characteristics described in § 5.

6.2 Indirect discrimination may not always be obvious, and may occur even where there is no intention to discriminate.

6.3 A requirement, condition or practice may be lawful where it can be shown to be reasonable in all the circumstances, having regard to the nature of the relevant role and the genuine requirements of the position.

6.4 Indirect discrimination is against the law and is not accepted at the Employer.

6.5 Examples of indirect discrimination may include:

(a) imposing a requirement that all Staff work full-time, where this disadvantages Staff with carer or parental responsibilities;

(b) imposing physical requirements for a role that are not genuinely necessary, where this disadvantages Staff with a disability; and

(c) imposing any requirement that is not relevant to the genuine requirements of a role and which disadvantages a person on the basis of one or more Characteristics.

6.6 The Employer and any relevant supervisors or managers must respond promptly and appropriately to all incidents of indirect discrimination, regardless of how serious the incident is or who is involved.

§ 7 – SEXUAL HARASSMENT AND HARASSMENT

7.1 For the purposes of this Policy, sexual harassment involves unwelcome conduct of a sexual nature (whether or not it is directed at a specific person) in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

7.2 Sexual harassment may be physical, verbal, written, visual or electronic.

7.3 This Policy applies to sexual harassment and harassment occurring at the Employer's premises, at work-related events away from the premises, online, or between Staff members outside of work where there is a connection to the workplace.

7.4 Sexual harassment and harassment are not accepted at the Employer.

7.5 Sexual harassment may include:

(a) sexually suggestive behaviour, comments or jokes;

(b) comments about a person's appearance or private life;

(c) intrusive questions about a person's private life;

(d) insults or taunts of a sexual nature;

(e) sexually suggestive or explicit text messages, emails or other communications;

(f) inappropriate approaches or sexually explicit material on social media;

(g) accessing sexually explicit internet sites or other media in the workplace;

(h) displaying sexually explicit screensavers, calendars, posters, photographs or objects;

(i) repeated and unwanted requests to socialise, or requests for sex;

(j) unwanted physical contact, including hugging, touching, fondling or brushing up against a person; and

(k) behaviour which may also constitute an offence under Australian criminal law, including stalking, sexual assault, physical assault or indecent exposure.

7.6 In relation to sexual harassment and harassment, all Staff should be aware that:

(a) all Staff have the same rights and responsibilities;

(b) a single incident may constitute sexual harassment or harassment;

(c) a failure to object to particular behaviour at the time it occurs does not mean the person consents to that behaviour; and

(d) behaviour that does not offend one person may offend another.

7.7 The Employer and any relevant supervisors or managers must respond promptly and appropriately to all incidents of sexual harassment and harassment, regardless of how serious the incident is or who is involved.

§ 8 – BULLYING

8.1 For the purposes of this Policy, bullying involves repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. Bullying may also include behaviour targeting a person because of one or more of their personal characteristics.

8.2 Reasonable management action carried out in a reasonable manner is not bullying.

8.3 Bullying is not accepted at the Employer.

8.4 Bullying may include:

(a) offensive jokes, unwanted nicknames, teasing or sarcasm;

(b) social isolation, coercion or ganging up on a person;

(c) demeaning language or comments, verbal abuse, threatening language or shouting;

(d) continuous non-constructive criticism;

(e) blaming a person for things that are not their fault;

(f) unfair work practices, such as unreasonably refusing requests for training, leave or other workplace entitlements; and

(g) deliberately making a person's job more difficult, for example by withholding equipment or information the person needs to do their job.

8.5 In relation to bullying, all Staff should be aware that:

(a) all Staff have the same rights and responsibilities;

(b) bullying can take many forms, including verbal bullying, cyber bullying, and bullying by email, text message or other behaviour; and

(c) a worker who reasonably believes they are being bullied at work may apply to the Fair Work Commission for an order to stop the bullying.

§ 9 – VICTIMISATION

9.1 For the purposes of this Policy, victimisation involves treating a person detrimentally because they have, or because it is suspected, assumed or anticipated that they have or will:

(a) made a complaint in relation to discrimination, harassment, sexual harassment or bullying ("Complaint");

(b) assisted another person to make a Complaint;

(c) been involved in the investigation of a Complaint; or

(d) asserted their rights in relation to discrimination, harassment, sexual harassment or bullying.

9.2 Victimisation is unlawful and is strictly not accepted at the Employer.

§ 10 – THE EMPLOYER'S ROLE

10.1 The Employer aims to meet the commitments described in § 1 through this Policy.

10.2 The Employer will take all practical and reasonable steps to provide a workplace free from discrimination, harassment, sexual harassment, bullying and victimisation, consistent with its positive duty and its work health and safety obligations.

10.3 The Employer provides an internal grievance and complaint procedure enabling Staff to raise concerns regarding discrimination, harassment, sexual harassment, bullying and victimisation.

10.4 The Employer provides a Staff support system to assist Staff in dealing with such conduct.

10.5 Concerns raised with the Employer by Staff will be handled sensitively and with as much confidentiality as is reasonably practicable, consistent with the Employer's obligations under the Privacy Act 1988 (Cth) and the need to investigate and respond appropriately.

10.6 The Employer welcomes genuine concerns from Staff. No Staff member will suffer any detriment or penalty for raising a genuine concern in good faith.

§ 11 – RESPONSIBILITIES OF STAFF

All Staff have the responsibility to:

(a) comply with this Policy;

(b) observe the standards of behaviour outlined in this Policy;

(c) treat everyone, whether Staff or otherwise, with dignity and respect;

(d) respond to any instances of discrimination, harassment, sexual harassment, bullying or victimisation by offering support to any affected person, including, where appropriate, by informing them of their rights and how to make a complaint;

(e) respect the privacy of any person affected by such conduct; and

(f) maintain the confidentiality of any matter involving a complaint or allegation, except as required to investigate the matter or as required by law.

§ 12 – ADDITIONAL RESPONSIBILITIES OF MANAGERS

In addition to the responsibilities in § 11, managers and supervisors at the Employer have the additional responsibility to:

(a) model appropriate standards of behaviour;

(b) act to uphold the standards of behaviour outlined in this Policy;

(c) ensure that Staff are aware of their rights and responsibilities under this Policy and under Australian law;

(d) intervene promptly, respectfully, sensitively and appropriately when they become aware of any relevant conduct;

(e) where appropriate, assist Staff to resolve incidents informally;

(f) act fairly and ensure that all relevant parties are heard;

(g) ensure that any Staff member who makes a complaint is not victimised;

(h) where a matter cannot or should not be resolved informally, refer it to the appropriate person or department within the Employer's organisation for formal handling;

(i) ensure that decisions in relation to recruitment, promotion, benefits, employment conditions, training, development, allocation of tasks or responsibility, workload, work hours and scheduling, leave or other similar matters are based solely on merit, and that no Characteristic influences the decision; and

(j) genuinely consider any reasonable request by a Staff member for flexible working arrangements in accordance with the Fair Work Act 2009 (Cth).

§ 13 – HOW TO MAKE A COMPLAINT OR SEEK SUPPORT

13.1 The Employer takes discrimination, harassment, sexual harassment, bullying and victimisation seriously and encourages any Staff member who believes they have experienced or witnessed such conduct to raise it promptly.

13.2 As a first step, if you feel comfortable doing so, you may speak directly, respectfully and sensitively to the person you believe is responsible for the relevant behaviour.

13.3 If you are not comfortable doing so, do not believe it is appropriate, or have already attempted this without success, you may contact the following person for a confidential discussion ("Contact Person"):

Name: ________

Position: ________

Contact details: ________

13.4 The Contact Person may be approached at any time for a confidential discussion, general information or advice, or a referral.

13.5 The Employer offers the following Staff support:

________

13.6 A complaint will be dealt with promptly, impartially, confidentially (so far as practicable) and in accordance with the principles of procedural fairness.

13.7 Nothing in this Policy limits a person's right to make a complaint to, or seek assistance from, an external body, including the Australian Human Rights Commission, the Fair Work Commission, the Fair Work Ombudsman, the relevant State or Territory anti-discrimination or equal opportunity body, the relevant work health and safety regulator, or the police.

§ 14 – BREACH AND DISCIPLINARY ACTION

14.1 Behaviour that breaches this Policy is unacceptable at the Employer.

14.2 If any Staff member breaches this Policy, disciplinary action may be taken, which may include:

(a) a formal warning;

(b) a requirement to provide an apology (verbal or written);

(c) a requirement to attend training;

(d) a requirement to attend counselling;

(e) demotion or transfer;

(f) a missed opportunity for promotion;

(g) suspension; and

(h) termination of employment or engagement.

14.3 Any disciplinary action will be determined and applied fairly, having regard to the nature and seriousness of the conduct and the principles of procedural fairness, and will apply regardless of a Staff member's position or seniority.

§ 15 – PRIVACY

15.1 The Employer will handle all personal information collected in connection with this Policy in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Employer's privacy policy.

§ 16 – REVIEW

16.1 The Employer will review this Policy regularly to ensure it remains current and compliant with applicable law, and will update it as required.

§ 17 – ACKNOWLEDGEMENT

By signing below, the Staff member acknowledges having read and understood this Policy and agrees to comply with it:

.......................................................
Staff Signature

________
Staff Name

________
Position

________
Date