Manage diversity in the

workplace

BSBDIV501
Manage diversity in the workplace

Application

This unit describes the skills and knowledge required to manage diversity in the
workplace. It covers implementing the organisation’s diversity policy, fostering
diversity within the work team and promoting the benefits of a diverse workplace.

It applies to individuals who direct the work of others in teams of variable sizes.
They may work with staff from different cultures, races, religions, generations, or
other forms of difference in any industry context.

No licensing, legislative or certification requirements apply to this unit at the time

of publication.

Unit Sector
Management and leadership – diversity

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Manage diversity in the workplace

Elements and Performance Criteria

ELEMENTS PERFORMANCE CRITERIA

(Describe the (Performance criteria describe the performance needed to
essential demonstrate achievement of the element)
outcomes)

1.1 Locate and review diversity policy

1. Implement 1.2 Determine its application to the specific work context

diversity
Policy 1.3 Institute actions to ensure that the diversity policy is understood and
implemented by relevant parties

1.4 Provide feedback and suggestions for improvement to ensure

currency and efficacy of diversity policy

2.1 Address own prejudices and demonstrate respect for difference in

personal interactions

2.2 Aim for diversity in selecting and recruiting staff

2.3 Identify and address training needs to address issues of difference

in the team

2.4 Manage tensions and encourage collaboration and respect

2. Monitor
between staff who struggle to work effectively with difference
performance
2.5 Assist staff to see that working effectively with difference is a
strength that can improve the organisation’s products, services and
customer relations
2.6 Manage allegations of harassment and address complaints
according to established organisational procedures

3.1 Analyse performance reports against planned objectives

3.2 Promote the organisation’s workforce diversity in internal and

external forums to enhance the company’s image and reputation
3. Promote the
benefits of 3.3 Capture ideas and information from the diversity in the workforce
diversity to enhance products and services and contribute to competitive
advantage

3.4 Support organisational efforts to value diversity

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Manage diversity in the workplace

Table of Contents

1 Introduction ..................................................................................................... 1
2 Diversity in the workplace ............................................................................. 3
2.1 Benefits of diversity in the workplace ....................................................................... 3
2.2 The principles of cultural diversity ............................................................................. 4
2.3 Policies and procedures ............................................................................................. 6
2.3.1 Workplace policies ............................................................................................................6

2.4 Diversity legislation ....................................................................................................... 7

2.4.1 Legislation of diversity management .............................................................................7

2.5 Equal employment opportunity (EEO) principles ................................................ 10

2.6 Diversity management .............................................................................................. 12
2.6.1 Managing diversity in the workplace ......................................................................... 12

2.6.2 Tips for managing diversity in the workplace ............................................................ 13

2.7 Recruiting staff with diversity .................................................................................... 14

2.7.1 Indirect discrimination .................................................................................................... 16

2.7.2 Anti - discriminatory recruitment .................................................................................. 17

2.7.3 Law relating to advertising job vacancies ................................................................. 17

2.8 Leading a socially diverse workplace ................................................................... 18

2.8.1 Encourage staff to discuss diversity issues .................................................................. 19

2.9 Dealing with conflicts and encouraging collaboration..................................... 19

2.10 Monitoring conflicting situations.......................................................................... 20
2.10.1 Dealing with conflicts ..................................................................................................... 20

2.11 Leadership skills to resolve conflicts .................................................................... 21

2.12 Embracing differences and encouraging collaboration .............................. 22

3 Dealing with diversity issues ........................................................................ 24

3.1 Using diversity as an asset......................................................................................... 25
3.1.1 Leveraging diversity at workplace .............................................................................. 25

3.1.2 Training staff on diversity ................................................................................................ 26

3.2 Racism, harassment and bullying ........................................................................... 27

3.2.1 Racism ............................................................................................................................... 27

3.2.2 Harassment....................................................................................................................... 28

3.2.3 Bullying .............................................................................................................................. 29

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3.2.4 Sexual harassment .......................................................................................................... 30

3.3 Discrimination complaints ........................................................................................ 31

3.3.1 Formal complaints .......................................................................................................... 32

3.3.2 Informal complaints ........................................................................................................ 33

3.3.3 Handling harassment and discrimination complaints ............................................. 34

3.3.4 Discrimination complaint form ..................................................................................... 35

3.3.5 Resolving a discrimination complaint ......................................................................... 36

4 References .................................................................................................... 40

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Manage diversity in the workplace

1 Introduction

A country with cultural diversity is rather to be celebrated. Australia is a culturally

diverse country with people from across the world and various backgrounds,
experiences and beliefs. People speaking varied languages, practicing different
religions and diverse lifestyles build a rich and profound nation. The social
interdependence gives us an opportunity to look and do things from various
perspectives.

Three major contributors to Australia’s demographic framework are:

• A diverse Indigenous population

• A British colonial past
• Extensive immigration from many different countries and cultures

Australia’s population is of about 24.9 million is one of the most culturally and
linguistically diverse populations in the world. It is certain that you will be either
working with diverse people at your work place or serving diverse customers.
Therefore, knowing how to deal with diversity is a significant aspect.

Diversity is all about our individual differences and acknowledging the unique
assortment of knowledge, skills and perspectives people bring to the workplace. A
diverse workplace enables us to share and experience new ideas, cultures and
ways of doing things.

Diversity at workplace also includes characteristics such as:

• Professional skills
• Working style
• Location

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• Life experiences
• Cultural background
• Race and ethnicity
• Age
• Gender
• Marital status
• Physical and mental disability
• Sexual orientation
• Religious beliefs
• Language and education

Inclusion of diversity matters as it is principal to innovation. It introduces novel and

better ways of performing, aids with technology benefits and improves the
efficiency and quality of our services.

Further information can be found on the link:

https://www.safetyandquality.gov.au/wp-content/uploads/2015/01/Workplace-
Diversity-Policy-Jan-2015.pdf

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2 Diversity in the workplace

2.1 Benefits of diversity in the workplace

For an organisation looking to promote a more diverse and inclusive workplace, it

is important to understand what constitutes workplace diversity. Diversity in the
workplace is not merely about employing people from diverse backgrounds, but
acceptance of people’s differences and leveraging them in a way that benefits
the employees, customers and the organisation.

Such workplaces are conducive for:

• Innovation
• Develops employee engagement
• Improved performance
• Talent retention
• Problem-solving
• Creating new products and services
• Team cohesiveness
• Lower levels of unlawful behavior such as harassment and discrimination

In Australia there is anti-discrimination legislation affecting various areas of public

life, including employment. A Diverse workplace offers a plethora of resources
providing a larger pool of applicants to select. Businesses that do not recruit from
diverse talent pools run the risk of losing the opportunity to hire right candidates
and may have a more difficult time filling major roles, thereby increasing the
recruitment costs and delays.

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Besides having a diverse workforce with multi-lingual employees; employees from

varying ethnic backgrounds can also be helpful for organisations who want to
expand or improve operations in international, national, regional and local
markets.

There are numerous benefits to having diversity in the workplace:

• A diverse workplace can better align an organisation’s culture with the

demographic framework of Australia
• Employees from diverse backgrounds instill organisations with innovative ideas
and perspectives inspired by their own cultural experiences
• Help organisations better apprehend target demographics and what interests
them
• Increased customer satisfaction by improving how employees interact with
diverse customers and added their own ‘touch’ to it.

For an organisation having an international or multi-state presence, it is obligatory

to track any regional changes to laws and regulations as they differ based on the
location.

2.2 The principles of cultural diversity

In a workplace, cultural diversity is when differences in age, ability, language,

race, ethnicity socioeconomic status, nationality, gender, religion or sexual
orientation are embodied. Cultural diversity has become a critical matter when
applied to the workplace.

Cultural diversity can benefit a workplace having people with various

backgrounds and unique perspectives. Allowing the business to look at problems
from all angles and create innovative results.

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For diversity to bring strength, it must be valued and integrated into company
practices and philosophy. This takes time and a commitment to celebrate
diversity. It requires the willingness to be open-minded and non-judgmental about
the value of differences. Without that commitment, cultural diversity can weaken
a group. Differences in interpretation of events can lead to miscommunication.
There are various cultural differences that seem to be apparent but might offend
people around us and hostilities arise. Prejudices will worsen that effect. People
can jump to conclusions and misinterpret behaviors.

Some of the common behaviors are:

• Difference in language or pronunciation - The pronunciation of English words

can be very different in England, Canada, USA, India China or Australia. When
dealing with such colleagues, speak slowly and clearly and display a
supportive and patient attitude with politeness

• Work ethics variation between cultures:

o In Asia, the handing over of a business card is very formal; the card is
presented to the other person and handled with great respect.
o Germans are not used to being called by their first name. Once the person
is on a friendly basis, the first name is offered.
o Some cultures do not make direct eye contact when talking to the
opposite gender, including some of the Asian, Native American or Middle
Eastern cultural groups

• Multiculturalism in dress and grooming standards – religious preference for

beard and mustache, some Jews wear the yarmulke, Sikhs wear turbans and
many Muslim women wear the hijab

• Differences in dietary requirements – preferences such as kosher food and

vegetarian meals, are readily available throughout the industry and
allowances for religious ceremonies during work can be made

• Disability or disease – Even sympathy might be perceived discriminatory.

Disability must not impair the functioning of an individual within society.
Wheelchair access is now an obvious provision in society.

People sometimes discriminate thoughtlessly. Even obesity or thinness remarks,

seniority through the job or age, and other intellectual abilities can turn offensive.
Never joke with a colleague or customer about something that could be deemed
discriminatory.

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Some universal rules apply to communication:

• Always greet and farewell people with a smile

• Provide clear and concise directions or instructions using simple words
• Use non-verbal communications whenever possible to be clear
• Avoid using sarcastic words or phrases with conflicting meaning
• Avoid using slang or jargons
• Be thoughtful of religious beliefs, avoid blasphemous and heretical talk

2.3 Policies and procedures

A set of policies are principles, rules, and guidelines formulated or adopted by an

organisation to reach its goals and typically published in a booklet or digitally that
is widely accessible.

Procedures are the specific methods employed to direct policies in action in day-
to-day operations of the organisation. The key features of following policies and
procedures are:

• Policies and procedures are designed to influence and determine all major
decisions and actions, and all activities take place within the boundaries set by
them

• Ensure that a point of view held by the organisation is transformed into steps
that result in an outcome

• Ensures that every department or organisation works efficiently to understand

and follow the relevant service policies and procedures

• Well defined company policies aim to help businesses demonstrate that the
organisation is being operated in an efficient way ensuring consistency in the
decision-making and operational procedures

• Helps reinforce and clarify the standards expected of employees and help
employers manage staff more effectively as it defines what is acceptable and
unacceptable in the workplace

• Personnel are required to uphold the professional industry standards expected

of them, plus the establishment's own policies and procedures

2.3.1 Workplace policies

All employees must be trained and have easy access for reference to the
company policies and procedures. If everyone on the team understands their role

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and what is required of them, the work environment and therefore efficiency will
be improved.

Creating awareness about the company policies and rein enforcing them where
ever necessary one of the significant aspects of ensuring that the policies are
successfully implemented and adhered to. As a manager, you must ensure to:

• Distribute policy copies to staff – via email, hardcopy or posters to staff during
• Display the policy on noticeboards and other public areas for the staff’s
reference and knowledge
• Explain and discuss policies with staff at meetings or other forums
• Reinforcing key policy guidelines in supervisory discussions, performance
appraisals or other interactions

2.4 Diversity legislation

Laws exist to protect the emotional, social and psychological welfare of

employees. In most states, this general legal requirement is contained in health
and safety legislation.

Whether, you own the business, work as a manager, or as a regular staff, it is your
responsibility to make sure that your employees are protected or report against
any discrimination and harassment that violates workplace diversity policies.

2.4.1 Legislation of diversity management

The following legislation has a direct impact on the information that must be
incorporated into management policies and work practices, and outlines the type
of culture to be encouraged in all workplaces.

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a) Racial Discrimination Act 1975

It is illegal to discriminate against people because of their race, color, nationality

or ethnic origin.

b) Sex Discrimination Act 1984

This Act prescribes that you cannot discriminate against people on the grounds of:

• Gender
• Pregnancy
• Family responsibilities
• Sexual harassment is also illegal under this act

c) Australian Human Rights Commission Act 1986

It is unlawful to discriminate against people because of their:

• Age
• Gender
• Color
• Marital or parental status
• Lawful sexual activity or preference
• Pregnancy
• Race or cultural background
• Nationality or religion
• Political beliefs or trade union activity
• Medical or criminal record
• Mental, intellectual, physical or psychiatric impairment or disability their
association with a person who has any of these attributes.

d) Privacy Act 1988 and Privacy Amendment Act 2004

This legislation assists workplaces to follow very strict guidelines on the use and
protection of personal information they receive about people. Personal
information can be anything that identifies a person, such as their name, address,
financial information or billing details.

This legislation relates to all employees and customers of the organisation whether
it is via telephone, in person, in writing or electronic means.

e) Disability Discrimination Act 1992

This Act protects the rights of people with some degree of disability. The disability
may be:

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• Physical
• Neurological
• Intellectual
• Psychiatric
• Sensory
• Learning
• Physical disfigurement
• The presence of a disease-carrying organism in the body, such as the hiv virus.

f) Equal Opportunity for Women in the Workplace Act 1999

The principle underlying this Act is that people with the equal likelihood of doing a
job successfully should have equal opportunity of being hired or promoted to a
job. It ensures women in particular are not discriminated when it comes to equal
access to work, fair conditions and wages, training and promotion.

Refer link: https://www.legislation.gov.au/Details/C2009C00329

g) Age Discrimination Act 2004

This Act makes it unlawful to discriminate against someone because of their age.
Age discrimination Act:

https://www.humanrights.gov.au/roadmap-ada-age-discrimination-act-2004-
2007

h) Workplace Relations Amendment (Work Choices) Act 2005 and Workplace

Relations and Other Legislation Amendment Act 1996

This legislation contains a number of safeguards to protect people’s employment

rights and conditions including:

• Leave entitlements (including annual, sick, maternity/parental leave)

• Minimum and award classification wages
• Protection against unlawful dismissal
• The right to join and be represented by a union
• Maximum ordinary hours of work
• The right to lawful industrial action when negotiating an agreement.
• Special award conditions like penalty rates, overtime and long service leave
• The right to have a bargaining agent

There is difference in bullying and harassment or discrimination - Bullying is only

protected by anti-discrimination and harassment legislation. Bullying acts are
directly linked to one of the characteristics protected by anti-discrimination law
(race, sex, disability, age etc.)

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In June 2012, however, Victoria passed a new law where workplace bullies could
lead up to 10 years imprisonment. This law was enforced after a 19-year-old girl,
Brodie Panlock, killed herself after severe bullying by her work colleagues, and
named 'Brodie's Law'.

The amendment applies to the stalking definition in the Crimes Act 1958 which
now includes:

• Threats
• Abusive or offensive words
• Acts in the presence of, or towards the victim
• Acting in any way that could reasonably be expected to cause mental or
physical harm including self-harm, suicide and suicidal thoughts

Refer link: https://www.legislation.gov.au/Details/C2005A00153

2.5 Equal employment opportunity (EEO) principles

According to the Equal Employment Opportunity (EEO) law, it is a violation to

discriminate, harass, and demonstrate prejudice towards people. EEO is a
framework of practices that ensures that:

• All employees have equal opportunities and are treated fairly and equally in
the workplace

• All personnel are given preference and opportunities based on individual merit
and performance and not for reasons such as sex or preferment

• Promotes equality and protection of employee’s civil rights in the workplace

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Including the privilege to employer benefits such as insurance, disability

accommodations, remuneration, career progression, rewards and job
responsibilities.

In the event of any discrimination reported by the victim employee towards

unfairly treatment is a violation of equal employment opportunity laws and is
subject to federal disciplinary action and penalties. All managers must ensure to
train and educate the staff while demonstrating equality in their own behavior
and carry out impartial and respectful behavior towards everyone and abide by
the organisation’s policies and procedures.

Under the EEO law, there are 4 groups flagged as disadvantaged that are
designed to help disadvantaged groups.

• People from non-English speaking backgrounds

• People with a disability
• Aboriginal and Torres Strait Islanders
• Women

For information on EEO laws in your state, visit www.business.gov.au

To find information about the legislation in your state or territory and keep
updated with the legislative changes you can go through the below references:

• Commonwealth Australian Human Rights Commission

[WL:http://www.humanrights.gov.au]
• Department of Premier and Cabinet – Equal Employment Opportunity
• [WL:http://www.eeo.nsw.gov.au]
• Diversity WA [WL:http://www.oeeo.wa.gov.au]
• Australian Capital Territory ACT Human Rights Commission
• [WL:http://www.hrc.act.gov.au]
• VictoriaVictorian Equal Opportunity and Human Rights Commission
[WL:http://www.humanrightscommission.vic.gov.au]
• Diversity Victoria [WL:http://www.diversity.vicnet.net.au]
• Victorian Civil and Administrative Tribunal [WL:http://www.vcat.vic.gov.au]
• New South Wales New South Wales Anti-Discrimination Board
[WL:http://www.lawlink.nsw.gov.au/ADB]
• Queensland Anti-Discrimination Commission QLD
[WL:http://www.adcq.qld.gov.au]
• Western Australia WA Equal Opportunity Commission
[WL:http://www.eoc.wa.gov.au]
• South Australia SA Equal Opportunity Commission
[WL:http://www.eoc.sa.gov.au]
• Tasmania Office of the Anti-Discrimination Commissioner

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[WL:http://www.antidiscrimination.tas.gov.au]
• Northern Territory NT Anti-Discrimination Commission [WL:
http://www.nt.gov.au/justice/adc/]

2.6 Diversity management

2.6.1 Managing diversity in the workplace

It is inherent that a diverse workplace accelerates the overall business efficiency.

Diversity management focuses on improving the performance of a workplace
and building a culture of inclusion and respect. However, managing diversity in
the workplace has its own challenges.

Creating a synergy between everyone; drawing them towards the business goals
by leveraging on their diverse strengths compels a strong leadership direction. An
intensive drive to build a heterogeneous environment to mitigate the challenges
must be deployed to:

• Promote a culture of tolerance

• Open communication
• Creating conflict management strategies

Leadership must understand their backgrounds and how their behavior and
beliefs can impact their decision-making within a diverse environment and
manage diversity with efficacy.

Human resource management plays a vital role in managing workplace diversity.

This comprises:

• Recruitment

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• Training and development

• Performance reviews
• Rewards

2.6.2 Tips for managing diversity in the workplace

Diversity principles should be reflected in the organisation’s culture and

management systems. Making clear how to navigate and resolve diversity issues is
especially crucial for frontline employees, who may feel less able to manage
conflicting imperatives than managers and leaders. Diversity issues must be core
elements in day to day operations, when developing policies and procedures and
while conducting performance reviews. The steps to effectively manage are:

• Prioritise communication
• Treat each employee as an individual
• Encourage employees to work in diverse groups
• Base standards on objective criteria
• Have an open-mind

a. Prioritise communication

Communication is vital. Organisations must ensure that they effectively

communicate its policies; procedures, safety rules and other important information
intended to overcome language and cultural barriers by displaying materials via
pictures and symbols.

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b. Treat each employee as an individual

Most importantly, avoid making any assumptions based on an employee’s

background. And rather look at each employee based on the individual’s merit
and not attributing actions to their background

c. Encourage employees to work in diverse groups

Diverse work teams let employees get to know and value one another on an
individual basis and can help break down preconceived notions and cultural
misunderstandings

d. Base standards on objective criteria

Set one standard of rules for all groups of employees regardless of their
background. Ensure that all employment actions, including discipline, follow this
standardised criteria to make sure each employee is treated the same

e. Have an open-mind

Recognise, and encourage employees to recognise, that one’s own experience,

background, and culture are not the only with value to the organisation. Look for
ways to incorporate a diverse range of perspectives and talents into efforts to
achieve organisational goals.

2.7 Recruiting staff with diversity

Organisations that embrace diversity are more innovative and achieve better
business goals. A lack of diversity can inhibit your organisation’s creativity and
performance. During the staffing process, you must ensure to screen any new staff
member only basis their competencies matching the desired job requirements
and not based on any prejudice.

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If discrimination based on any of the prohibited areas arises; the person has every
right to complain to the Anti-Discrimination Board.

These prohibited areas of discrimination are as below:

Organisations must not let any prejudices or stereotypical views affect who they
hire, how employees are treated, promoted or who they dismiss or make
redundant.

• All job applicants must be treated fairly, regardless of any personal

associations, married or unmarried, old or young, ethnic group, straight or gay
etc.
• Assess an applicant for the job based on their attributes and skills only to
determine whether they can perform the job efficiently

The Australian Human Rights and Equal Opportunity Commission is responsible

provides details to ensure workplaces are free from discrimination and
harassment. If discrimination occurs, a person can complain to the Anti-
Discrimination Board.

It is also very important to review your company's diversity policy to ensure that it
addresses the issues and keeps a track of all changes in legislation and employer-
related laws and trends to during effective hiring.

Unlawful discrimination practices during recruitment process may include:

• Presumption about an applicant that he/she is unfit for the job

• Asking inconsistent interview questions based on biased opinions for the same
job

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• Restricting job offer to someone assuming that the person will leave and have
a baby, take too many leave days or be inflexible due to parental
responsibilities etc.
• It is not acceptable to only consider specific preferences, such as age as your
desired criteria for a new staff member
• Offer different employment terms to people for the same job role
• Employers must not indirectly discriminate by having a requirement, rule or
policy that disadvantages an individual or group

In addition to the Federal laws, there are also several state laws which are of
relevance to the employer, such as the Equal Opportunity for Women in the
Workplace Act and the Workplace Relations Act.

Anti-discrimination laws relate to all areas of employment. This includes:

• Recruitment and selection processes

• Terms, conditions and incentives offered as part of employment
• Access to training
• Consideration for transfer, promotion, retrenchment or dismissal

There are five laws which are administered:

• Age Discrimination Act 2004

Protects younger and older people from unlawful treatment on the basis of
their age
• Disability Discrimination Act 1992
Protects against discrimination on the basis of a disability

• Racial Discrimination Act 1975

Protects against discrimination on the basis of ethnic extraction, skin colour,
descent, national origin, etc.

• Sex Discrimination Act 1984

Protects against discrimination on the basis of sex, marital status or pregnancy

• Australian Human Rights Commission Act 1986

Established the Australian Human Rights Commission, gives it powers and
defines discrimination

2.7.1 Indirect discrimination

Hospitality is a diverse industry. It consists of people from a variety of countries and

backgrounds and with different lifestyles, ages and experience. It is easy to
indirectly discriminate against certain people by having inflexible recruitment

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procedures or by having a policy that are discriminatory such as submitting in

writing.

2.7.2 Anti - discriminatory recruitment

Anti-discrimination laws relate to all areas of recruitment, including the way you
word advertisements, some of the ways for encouraging diversity when advertising
for a job, recruiting and selecting staff are:

• Make sure you portray an inclusive culture at your workplace

• Provide a job application form in large print
• Provide information in a language other than English
• Accepting applications via standard post for people who do not have a
computer or access to the internet
• Offering diverse methods of contact, for example, contact via email if the
person has a hearing impairment

2.7.3 Law relating to advertising job vacancies

Anti-discrimination laws relate to all areas of employment. This includes:

• Recruitment and selection processes

• Terms, conditions and incentives or benefits offered as part of employment
• Access to training and development
• Consideration for employee transfer, promotion, retrenchment or dismissal

Posting an advertisement that is considered discriminatory can fine an

organisation up to $20,000 by the Magistrates Court.

To know the effective ways of writing job advertisements and applicable laws that
relating to job advertisements, antidiscrimination and equal opportunity, refer to
the following websites:

• http://www.accc.gov.au/content/index.phtml/itemId/816200
• http://www.humanrights.gov.au/sex_discrimination/workplace/advertising.htm
l
• http://www.hreoc.gov.au/info_for_employers/best_practice/recruitment.html

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2.8 Leading a socially diverse workplace

A right guidance is very essential in managing workplace diversity. It is also obvious

that you might be dealing with your prejudices. As a Manager must address any
prejudices you may have yourself, before you can help other staff to embrace
diversity. A good Manager must lead by example. Therefore, a company leader
plays a bigger role than any type of policies or training sessions.

You might come across resistance, that’s powerful. It might sometimes seem
frustrating too, but your effort to encourage positivity with perseverance is the key.

• As a manager or a leader, you must set a good example by respecting the

cultural diversity in the workplace through recognising individual differences,
your employees will shadow you
• Position everyone's differences at equivalence - race and sex--as issues of
diversity; or age, religion or ethnicity, will help staff realise that everyone is
different in their own ways.
• Facilitate regular diversity meetings and keep it fresh on everyone's minds
• Show respect and empathy for diversity issues and promote clear and positive
responses to them.
• Resolve conflicts and prejudices amongst team members by demonstrating
equality and unbiased approach

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• Synergise teams with in a common umbrella of equality and mutual respect to

develop the desired performance and meeting organisational goals
• In every conversation, aim for a win/win outcome. Even if the conversation is a
tough one, words can be delivered in such a way that the other person
doesn’t feel belittled.

2.8.1 Encourage staff to discuss diversity issues

For staff to accept and embrace diversity, they must be encouraged to talk
openly about any diversity issues. Demonstrate how to do something in a different
or better way.

• Create noise - Display posters or banners that encourage acceptable

behavior and attitudes
• Demonstrate - Demonstrate the right behavior explaining why certain
behaviors are unacceptable
• Train on laws and policies - Outline legislative requirements and role-play what
is considered acceptable or unacceptable behavior with documents or
written material that explains how to improve work practices
• Guidance and assurance – Provide assurance that you understand and value
their opinion. Guide staff on how to respond to staff or customers with special
needs and how to escalate to management in case of an issue

2.9 Dealing with conflicts and encouraging collaboration

Organisations always endeavor to attract, retain and foster the right talent.
Sometimes, the reason people exhibit poor attitudes or behavior is simply because
no one has ever taken the time to encourage them the correct or acceptable
way to collaborate and work together. There has to be a sense of urgency in
responding to any diversity issues. Staff must be taught the right behaviors
demonstrating respect for diversity, and compliance to EEO legislation.

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Therefore, coaching staff becomes very essential for right interventions during an
event of any discrimination or misconduct. There is a difference in coaching and
formal training. Formal training is often conducted off-site, transferring knowledge
with number of participants and learning focused. Coaching is at an individual
level and on the job, which is rather informal and unconstructed.

2.10 Monitoring conflicting situations

Although there are many benefits of fostering cultural diversity in the workplace,
proactive measures alone aren't enough to handle diversity conflicts in the
workplace. There must be well thought preventive and reactive measures in place
to address such conflicts. Conflict resolution techniques must be effectively used
on noticing incidents caused by workplace diversity. People may interpret
language, behaviors or emotions differently from each other, or have pre-existing
stereotypes about what people from other cultures are really like. This can
become a problem area if not managed correctly. Conflicts between different
people from different cultures can intensify if not monitored and managed
effectively.

2.10.1 Dealing with conflicts

Teams are a must in today's businesses. A diverse team can contribute towards
the possible benefits of diversity, or can completely disintegrate due to the
conflicts between various team members spitting them in to opinion based
groups. Managers must lead them - who build, maintain, and nourish the
relationships within their teams.

• Focus on the big picture while resolving conflicts ensuring the organisations
benefit as a whole
• Some conflicts are an advantage, they promote innovation
• Conflicts could be destructive if not addressed on time
• Adapt constructive response skills to resolve conflicts productively

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• Discourage unproductive conflict strategies and conflicting behaviors by staff

• As a manager/leader, mediate conflict among others and solve their
differences inducing a healthy culture work - Using "I" statements instead of
pointing out specific person allows win confidence by both parties during a
discussion

2.11 Leadership skills to resolve conflicts

One of the most important aspects of resolving any conflicts is - listening. Leaders
must be attentive with their listening skills in the workplace. You need not wait for a
conflict to arise, you can relatively detect the nuance of negative behaviors and
be aware of potential conflict situations and curb them at the right time. Under
any circumstances, there will a threat of misunderstandings resulting conflicting
situations. It is important to be as constructive as possible when communicating
with your team members when misunderstandings occur.

There are five response skills that you must use to reduce and respond to these
situations:

• Support: Show that you recognise when diverse groups of people are working
together and communicating effectively.

• Clarify: Paraphrase and ask for more information to increase your

understanding of another person's perspective.

• Suggest: If you hear something clearly stated, but you think it is not appropriate
or the correct solution, then suggest something different by using phrases such

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as "I feel…" or "I believe…." Use humor when possible, but be specific and
creative.

• Request: We often need to establish our boundaries when a situation goes too
far. Asking for cooperative action allows you to solve the problem with a sense
of shared responsibility

• Insist: In more serious conflict situations, you need to utilise a quick response,
such as, "John, this is the third time you have interrupted Tina during our
meeting. Please let her finish speaking."

2.12 Embracing differences and encouraging collaboration

Helping staff get to know each other can help break down stereotypes and
create an inclusive environment by embracing differences and encouraging
collaboration. It is the most effective way of dealing with workplace diversity. It
means that each team member needs to understand the differences among
team members and willing to resolve them. They can be equal team members but
still acknowledge their individual differences. If you ignore those differences, then
the issues are most possible to arise at the worst possible situations and most
inopportune time in the future.

Holding minor prejudices, which lead to assumptions about each another, might
eventually surface as disputes. This affects the productivity and team
performance.

• Poor performance will create blame games that further worsen the situations
• Teams end up disrupting one another's work, creating turmoil at workplace
• Team become dysfunctional and fail in achieving business objectives

Therefore, it is important to acknowledge differences and effectively collaborate

amongst teams.

• Building friendships
• Celebrating humanity
• Develop a supportive climate
• Continuously evaluate the team

a. Building friendships

The hospitality industry is a diverse industry, where you need to collaborate with a
range of social, cultural and religious backgrounds. If you are learning another
language, you might ask for help from a colleague who speaks that language.

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Generally, in Australia, it’s easy to find a colleague who speaks more than one
language. You will also come across many cultural/ethnic groups who meet
socially and support each other and new arrivals in Australia. These groups can be
a great help in developing your awareness of customs and behaviors of other
cultures. You can become friends and learn a lot by socialising with people from
different backgrounds. It’s fun and you even try a food item or beverage from a
country or culture you’ve not tried before

b. Celebrating humanity

Despite the diversity, we all love to have fun, enjoy good food, and go on
vacation and spend quality time with our families. These are things that all anyone
can relate to. All these areas are opportunities to connect with team members
and then use those as a starting point to build better relationships.

c. Develop a supportive climate

Support and mutual understanding are the building blocks of good relationships.
Without each other’s support, team will perish. Encourage a supportive
environment of mutual respect for the uniqueness and praise one another for
doing what they do well. A team leader should develop a supportive climate, be
supportive of all members, and build cohesiveness among members. Team
members should feel they are respected and safe. Team members should also be
able optimistically to take constructive criticism and know that it is ok to do
mistakes.

d. Continuously evaluate the team

Improvement is a constant process. By constantly evaluating, continuous

improvement leads to high productivity and business growth.

There must be a periodic feedback mechanism and constant communication

amongst the team. By communicating, the team will develop in to a high-
performance team and keep growing.
Examples of cultural differences that can cause tensions between workmates are:

• Unable to comprehend work instructions due to language barriers

• Workers understanding each other's religious beliefs and needs
• Interpreting nonverbal communication in differently. Such eye contact – look
or looking away, standing too close or too far from people, brief talk before
engaging in business
• Misinterpreting emotional responses - showing no emotion when a problem
occurs at
• Work may be interpreted as uncaring, however in some cultures it is considered
unprofessional to show emotion at work.

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3 Dealing with diversity issues

There will be several instances that you may come across with diversity issues in
day to day operations and as a manager, you may have to deal with team
clashes due to culture and communication hurdles that may need immediate
attention. Different cultures come with various belief systems that may not be
totally acceptable according to another.

Simple aspects such as language can create issues between teams where people
who speaking different languages may find it difficult to understand each other,
which can lead to frustration and irritation especially when there is work pressure
and the business is very busy. Many culturally deep-rooted prejudices may create
geographical conflict, religious differences and lack of understanding. People
with specific ethnic backgrounds from areas experiencing conflict may carry their
feelings into the workplace.

In all these situations, your focus should be on ensuring that there is peace and
mutual understanding between the teams and the work place harmony is
maintained.

Role modeling and leading by example is the best strategy to overcome diversity
issues and this is one way of helping to prevent intolerance or discrimination.
Diversity discussion must be a regular point of discussion be it formal training
program or as informal as over a cup of coffee in a very casual manner. Some
individuals may even require special attention in order to prevent a likely problem.

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3.1 Using diversity as an asset

Diversity for an organisation is an investment in topmost talent, new ideas, and

better connections. But most important, it’s about driving business growth with
constant changes in attitudes, strategies and methods. Diversity must be seen as
an asset, and a huge business advantage.

To succeed, organisations must understand and use the skills, traditions and
backgrounds of a diverse workforce. Poor diversity management has no benefits
at all. Diversity gives businesses a key advantage in the world marketplace. A
wider range of viewpoints offers a spectrum of talents and meticulous
craftsmanship. Benefits of a diverse work place include:

• Broadened staffing pool

• Improved service to customers as a result of having a deeper understanding of
their needs
• Removal of prejudice and better education of the staff
• Improved cross-cultural communication
• Multilingual staff
• Different perspectives on problem-solving and increased innovation
• Varied and interesting work environment

3.1.1 Leveraging diversity at workplace

Encouraging acceptance of diversity largely depends on strong leadership and

the policies binding these guidelines. Although there are legislative actions that
can control such diversity issues, however, it is quite obvious to expect that all will
not be open-minded with in a workplace.

As a manager, you must ensure to curb any prejudices you may have yourself,
before you can help other staff to embrace diversity. A good Manager must lead
by demonstrating and set an example for the rest of the team.

Therefore, there is a need for the business to be proactive in encouraging diversity,

explaining its importance and helping staff to accept people who are considered
or treated different.

In order to encourage respect, deal with problems arising from diversity and
leveraging diversity as an asset to your workplace, the following steps can assist
you:

• Talk to employees prior to the start of a shift

• Sit down and relax with staff at the completion of a shift
• Arrange social events for employees that encourage interaction and fun

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• Listen to staff and display interest in their life outside of the workplace
• Formal processes that can assist:

o One-to-one meetings to discuss previous work experience, life skills or

education
o Performance reviews to identify possible strengths that might be explored
further
o Skills mapping which can help match the existing skills and experience of
employees to different areas of the establishment

3.1.2 Training staff on diversity

Encouraging acceptance of diversity largely depends on strong leadership and

the policies binding these guidelines. The business must identify if there are possible
diversity problems and decide on what type of training program is suitable. The
training needs for the staff can be identified based on certain behavior issues such
as:

• Language difficulties – resulting to incorrect orders or requests and

misinterpretations
• Body language – ignorance of various body gestures such as eye contacts
might result in misunderstandings
• Speed of speech – language and pace of speech might be misunderstood or
irritate the listeners
• Greetings – inappropriate greeting methods might offend people
• Promotions and authority issues – cultural difference in a senior member can
trigger prejudice in some people
• Rostering arguments - not taking cultural holidays into consideration can lead
to misunderstandings
• Interpersonal problems – relationships could become complicated due to
differences of opinion based on cultures and the way each one deals

Well-designed training programs certainly help foster a welcoming workplace and

prevent occurrence of problems that help educate teams to learn to effectively
deal with people from various backgrounds. It is always a good idea to include
training for general awareness or as a part of employee learning and
development even if you feel that the team is sensitive enough in dealing with
diversity at the workplace.

Some of the types of training programs that may be appropriate include:

• Ethics training
• Equal opportunity training
• grievance management training

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• bullying, discrimination or harassment training

• Cultural competency training
• Diversity training
• Recruitment and selection training
• Dealing with a Discrimination Complaint
• Human rights training

3.2 Racism, harassment and bullying

3.2.1 Racism

One of the common implications of a socially and culturally diverse community is

the prevalence of racist behavior and harassment. Harassment can be a one-off
incident - for example, if a colleague makes a racist comment to you in front of
other staff. It can also be a series of incidents or bullying which takes place over
time. It can happen at work, but also outside work at work-related trips or social
events.

Examples of racism include:

• Spreading malicious rumors

• Unjustified criticism aimed at undermining you
• Racist comments or jokes
• Pranks
• Unjustified threats about your job
• Physical violence
• Humiliating behavior
• Unwelcome sexual advances or comments

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If a team member is harassed at work by a colleague - it can affect their health

and well-being, as well as work performance. Stress and anxiety can lead to
sickness, absence or even quitting the job if the harassment doesn’t stop.

3.2.2 Harassment

Harassment is a form of unlawful discrimination under the Equality Act. It is an

unwelcome behavior which is meant to or effects by violating a person’s dignity,
or creating an intimidating, hostile, degrading, humiliating or offensive
environment. It doesn't have to be direct, if two people make jokes or comments
about the third person, then bullying can be unlawful harassment under the
Equality Act.

Unwanted behavior could be:

• Spoken or written words

• Threats or abuse
• Offensive emails, tweets or comments on social networking sites
• Physical behavior including physical gestures and facial expressions
• Jokes, teasing and pranks

Harassment by someone at work is unlawful discrimination under the Equality Act if

it’s because of, or related to:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

It must be noted that the harassment act is not applicable if the harassment is
done by someone else at work who’s not an employee - for example, a customer
or a client. However, as a manager, if you receive harassment complain about
the situation, you are expected to still be responsible for the harassment. Also, if
the situation isn’t resolved and this is due to the employee’s protected
characteristic, this may even amount to direct discrimination.

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3.2.3 Bullying

Workplace bullying can be in a way defined as offensive, intimidating, malicious

or insulting behavior, an abuse or misuse of power through means that undermine,
humiliate, denigrate or injure the person being bullied.

Bullying may be done by an individual or collectively by a group of people that

includes men, women or colleagues, supervisors and managers. A bullying
behavior could be subtle and either verbal or non-verbal. This could be a pattern
of behavior rather than isolated instances, happening repeatedly and persistently
over time.

This behavior may include:

• Constant criticism and intimidation

• Exclusion, for example from lunches and drinks, relevant meetings, and
important emails
• Deliberately causing inconvenience such as sudden roster changes
• Blocking promotion
• Verbal or physical abuse
• Usage of offensive language, screaming or voice tonality
• Making threats or comments about job security without foundation
• Pressurising by assigning irrelevant or difficult tasks
• Withholding work related updates or important information for the job the role

As a manager you are expected to take preventive measures to ensure such

incidents do not occur at work place and any such event must take immediate
actions depending on the severity of the situation. Under WHS legislation every

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worker has a right to a safe and healthy workplace. Any complaint ignored by you
could lead to internal reprimand or even lead to employment termination, or in
serious cases a legal action may be initiated.
There are harsh penalties for individuals and workplaces that ignore employee
welfare. Bullying issues are alarming situations for organisations and there has been
conscious awareness and focus over the number of reported workplaces bullying
incidents.

For more information go to the Australian Human Rights Commission website

www.humanrights.gov.au.

3.2.4 Sexual harassment

Apart from the general harassment, sexual harassment is one of the critical types
of harassments. Sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature
that causes another person discomfort.

Examples include:

• Unwelcomed touching, hugging or pinching

• Intrusive questioning leading to sexual advancements
• Repeated unwanted sexual invitations and badgering
• Sexually explicit phone calls or text messages inside and outside of work
• Stalking
• Staring or leering
• Distributing or displaying sexually explicit material
• Indecent exposure to another person
• Sexual assault

It is unlawful for a person to be victimised for making, or proposing to make, a

complaint of sexual harassment to the Australian Human Rights Commission. The
Sex Discrimination Act defines the nature and circumstances in which sexual

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harassment is unlawful.

3.3 Discrimination complaints

A discrimination complaint or incident can be raised formally or informally. An

informal complaint differs from a formal complaint in the way it is processed but
both contribute to the overall complaints process. An informal complaint is done
through discussion (written or verbal) and should always be attempted before
moving into the formal complaint process.

A complaint or incident can be reported by the staff related to:

• Bullying
• Racism
• Sexual harassment
• Violence
• Any other discriminatory behaviors

All employers are obligated towards a legal responsibility under federal and state
legislation, such as anti-discrimination, EEO and WHS. As a manager, you must
ensure to:

• Systematically investigate and follow all the protocols

• Have a diversity council that includes employees from various teams that also
helps in involving teams and taking accountability for such policies
• Deal with all reported incidents with urgency, responsibly and appropriately, as
any negligence might cause serious legal complications

Employers must ensure there is safety measures preventing or regulating all types
of psychological hazards such as bullying, harassment and discrimination.
Employers must also provide sufficient evidence that all necessary steps have
been implemented to prevent unlawful behavior at the workplace and all the
details are recorded and tracked.

All employees must be sensitised in preventing any unlawful behavior and must be
provided all resources to raise their concerns and clarify any doubts.

This includes which person in authority they should speak to and alternative steps
to take in case they are not happy with the provided solution. It is also critical to
choose the right person for investigating and resolving any complaints.

The person must be in a senior role in the business who can conduct all
investigations without any prejudice.

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It is illegal and highly unethical to pressure the claimant, the defendant or the
investigator. The prime focus must be on eliminating any such occurrences in the
future.

3.3.1 Formal complaints

Formal procedures are for substantiating a complaint with evidence, or formally

bringing the staff involved together to try to reach an agreement.

Formal action is usually appropriate when:

• The person complaining wants to do it formally

• Informal attempts have failed
• The allegations are serious
• Discipline is a possible outcome if the allegations are substantiated
• The allegations are denied and the person complaining wants to try to
substantiate them
• The person complaining has been victimised for complaining
• The complaint is against a senior person and a formal procedure helps ensure
the people involved are not disadvantaged.

Formal ways of dealing with complaints include:

• Investigating the allegations

• Applying natural justice principles
• Finding whether the allegations happened or were likely to have happened
• Making a report and recommending an action
• Implementing an outcome

In a formal procedure, document every step to ensure consistency and fairness.

The usual steps are:

• Interview the person complaining and document the allegations

• Inform the person being complained about of the details, and ask them to
respond
• If the facts are disputed, seek more information including evidence from any
witnesses
• Find out whether the complaint has substance
• Report the process, the evidence, the finding and recommend an outcome
• Implement the outcome or decide on other action.
• The staff involved can have support people with them at any interviews or
meetings.

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a. Impartiality

It is important for anyone investigating or mediating a complaint not to jump to

any conclusions but to hear both sides of the story. This means being fair to both
people involved in a complaint throughout the investigation. The person the
complaint is against must be:

• Given all the information about the complaint, including the name of the
person making the complaint
• Given the opportunity to present their side of the story
• Told of their right to seek support (from their union, for example)

b. Considering evidence

There are often no witnesses to discrimination and harassment. In dealing with a

formal complaint, you may need to consider surrounding evidence such as:

• Supporting evidence from other staff, family or medical professionals

• Reports of changes in behaviour or performance
• Requests for transfers, shift changes or increased sick leave
• Complaints from other staff
• Records kept by the person complaining
• Consistency of the evidence presented by the people involved
• No evidence where logically it should exist.

A formal complaint of discrimination or harassment should not be dismissed

because no-one saw or heard the incident.

3.3.2 Informal complaints

Complaints may vary in severity and complexity. Not every complaint should be
addressed in the same way, and staff should be provided both informal and
formal ways to raise a complaint to best suit the circumstances of the issue.

Informal procedures are for quick problem-solving rather than investigating and
substantiating claims. They seek agreement and shared understanding of how to
avoid problems in the future. Informal complaints are most appropriate in cases
where the allegations are less serious, or the problem is based on
miscommunication or a misunderstanding. An employee has the right to pursue a
formal complaint at any time.

Informal ways of dealing with complaints include:

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For the employee with a complaint:

• Observing unacceptable behavior and taking action directly, such as

speaking to a colleague about their behavior.
• Seeking advice from a supervisor, HR or union representative, or an equal
opportunity contact person before taking direct action.
• Requesting that the employer address the situation.

For the employer:

• Speaking to the person about their behavior (via a supervisor, HR or union

representative or contact officer), and reaching an agreement immediately.
• Bringing the two sides together to conciliate, and the issue is resolved without
investigation.
• Organising general staff training and discussions to promote discrimination and
harassment policies.

Some informal solutions can be reached without the staff member even knowing
a complaint has been made.

In the case that an informal solution does not result in a positive outcome,
employees need to know they have the right to make a formal complaint or
approach the Equal Opportunity Commission at any stage.

Refer below links for more information:

https://www.humanrights.gov.au/publications/chapter-7-complaint-procedures-
effectively-preventing-and-responding-sexual-harassment

https://eoc.sa.gov.au/about-equal-opportunity/employment/complaints-
workplace/informal-complaints

3.3.3 Handling harassment and discrimination complaints

Most employers are anxious when faced with discrimination and harassment
complaints. Such complaints can lead to workplace tension, government
investigations, and even costly legal battles and even put itself out of business.
Therefore, an employer should deal with harassment or discrimination complaints
immediately.

Employees have the right under the law to report discrimination or harassment to
an employer. An employee can report an incident in two ways:

• Within a workplace - complying with the workplace defined procedures and

policies such as diversity council or appointed person in authority
• Reporting to government agency such as Anti-discrimination Board

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Please refer to the link to report any incidents on discrimination:

https://www.humanrights.gov.au/complaints/make-complaint

3.3.4 Discrimination complaint form

A work place complaint can be lodged based on the defined protocols of the
organisation. Your discrimination complaint must include the following:

• Complainant’s name, address, email and telephone number

• Accused details
• A short description of the events that you believe were discriminatory such as -
you were terminated, demoted, harassed
• Why you believe you were discriminated against - for example, because of
your race, color, religion, sex, pregnancy, gender identity, sexual orientation,
national origin, age, disability, etc.
• A short description of any injury or impact you suffered
• Your signature
• Other supporting information to investigate

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3.3.5 Resolving a discrimination complaint

Conciliation or arbitration can be used and if that is not successful then the matter
may proceed to a tribunal or court of Law. The failure of an employer to conduct
an investigation can lead to much bigger problems, such as a lawsuit.

Develop a complaint handling policy. It should include reassuring customers that

you value their feedback and you are committed to resolving their issues in a fair,
timely and efficient manner.

It should also:

• Explain how customers can make a formal complaint

• Identify the steps you will take in discussing, addressing and resolving
complaints
• Indicate some of the solutions you offer to resolve complaints
• Inform customers about your commitment to continuous improvement

When an employee files a harassment or discrimination complaint, an employer

should:

• Listen to the accuser

• Take the complaint seriously
• Not retaliate against the accuser
• Keep the complaint confidential
• Not delay in conducting an investigation
• Conduct a thorough investigation
• Document the investigation
• If necessary, hire a third party to conduct the investigation
• Discipline a guilty party

a. Listen to the accuser

Take the time to listen to the accuser's complaint. Even if a workplace seems free
of conflict, this does not rule out the possibility of harassment or discrimination.
Avoid making the following mistakes when listening to an employee's complaint:

• Do not make assumptions about the truthfulness of the complaint;

• Do not reach unfounded conclusions;
• Do not fail to recognise whether a complaint involves illegal
discrimination based on sex, race, national origin, disability, age, or religion;
• Do not decide not to investigate.

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b. Take complaints seriously

There is nothing worse for an employee than to make a complaint that is not
taken seriously by an employer. Even if the employee has a history of making
complaints, it is necessary to consider each one seriously. The failure to treat a
compliant with sufficient seriousness may lead an employee to file a legal
complaint.

c. Don't retaliate

When an employee makes a complaint, avoid retaliatory actions or engaging in

retaliatory measures or adverse actions against a person that makes a complaint
of illegal discrimination or against a person that participates in a discrimination
investigation or lawsuit. Adverse actions include firing, harassing, demoting, pay
cuts, job reassignments, or other forms of retaliatory measures. More subtle forms
of retaliation may include changing the shift hours or work area of the accuser,
changing the accuser's job responsibilities, or isolating the accuser by leaving
him/her out of meetings and other office functions.

d. Maintain confidentiality

A discrimination complaint can polarise a workplace. Workers will likely side with
either the complaining employee or the accused employee, and the rumor mill
will start working overtime. The details surrounding a complaint should be kept as
confidential as possible. Even though it may be impractical to keep the
allegations completely confidential, attempt to keep as many details a secret as
possible. This will prevent employees from taking sides or spreading rumors. Make
sure the accuser is aware that the investigation will result in the disclosure of some
information.

e. Don't delay

Delaying the investigation of a complaint could create several problems. A delay

may indicate the employer's failure to take the complaint seriously, could result in
further harassment of the accuser, may allow the loss of relevant evidence, or
may result in inadequate discipline of the accused.

f. Conduct a thorough investigation

An investigation of a complaint should involve corroboration through interviews of

the parties involved, witnesses, and through the identification of evidence. When
interviewing the accuser and the accused, ask the following types of questions:

• What happened
• Where did it occur

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• What was said

• What witnesses were present

Make sure to distinguish fact from opinion. Corroborate the stories of the accuser
and the accused by interviewing witnesses present when the incident occurred
and by gathering other types of evidence. Evidence can include emails, time
cards, schedules, and notes from meetings.

g. Document the investigation

It is important to keep a written record detailing the steps taken in an

investigation. This could become essential evidence if the employee files a
complaint with the EEO. If the EEO conducts its own investigation, it will request the
documentation created by employer. Documentation can include a formal
report of the employer's findings or notes that provide details about interviews,
discipline imposed on the accused, the reason for not imposing discipline, and
conclusions.

h. Hire a third party

In some circumstances, it may be best to hire a third party, such as a lawyer, a law
firm, or a consulting agency, that specialises in employee harassment and
discrimination complaints. Many law firms and private consulting agencies will
investigate workplace complaints for a fee. You might consider bringing in outside
help if more than one employee complains of harassment. This may be
appropriate in situations where the accusations have become public, when an
employee lodges a complaint against a high-ranking superior, or when
the charges are criminal in nature.

i. Discipline the wrongdoer

Once you have gathered all the information available, sit down and decide what
you think really happened. If you conclude that some form of discrimination or
harassment occurred, figure out how to discipline the wrongdoer(s) appropriately.
If an investigation turns up evidence that the accused did engage in the alleged
discrimination or harassment, an employer should institute appropriate discipline.
In some cases, a suspension, a warning, or counselling may be adequate. In other
circumstances, when the actions of the accused involved threatening behavior or
violence like rape, unwanted touching, or stalking, termination may be the most
appropriate disciplinary action.

j. Get legal help

Accusations of harassment or discrimination are serious, and a finding of guilt

could result in costly fines and damage to your reputation. If you've been accused

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of harassment or discrimination against an employee, it's a good idea to discuss

your situation with an employment law attorney and receive personalised legal
advice on how best to proceed.

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4 References

1. http://www.peoplescout.com/getting-right-understanding-managing-diversity-
in-workplace/
2. http://www.racismnoway.com.au/about-racism/australias-cultural-diversity/
3. http://www.abs.gov.au/
4. http://smallbusiness.chron.com/leaders-role-organisation-respect-diversity-
22404.html
5. https://www.thebalance.com/cultural-diversity-3306201
6. http://smallbusiness.chron.com/leading-diverse-workforce-34292.html
7. https://www.universalclass.com/articles/business/diversity-studies/managing-
diversity-conflicts.htm
8. http://www.winstonbrill.com/bril001/html/article_index/articles/1-
50/article37_body.html
9. https://myhomeworkhelp.com/types-of-workplace-diversity/
10. https://smallbusiness.findlaw.com/employment-law-and-human-
resources/how-to-handle-harassment-and-discrimination-complaints.html
11. https://eoc.sa.gov.au/about-equal-opportunity/employment/complaints-
workplace/informal-complaints

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