Anti-Discrimination and EEO Policy

1. Policy Overview

[Insert Business Name] is committed to providing a workplace that is free from discrimination, harassment and bullying. We value diversity and treat everyone with respect and dignity.

This policy applies to all employees, contractors, subcontractors, apprentices, trainees and volunteers working for [Insert Business Name]. It also applies to job applicants and clients.

2. Purpose

The purpose of this policy is to:

• Promote equal employment opportunity (EEO) in the workplace.
• Comply with relevant Commonwealth and State anti-discrimination laws.
• Provide a safe, inclusive and productive work environment.
• Outline the process for reporting and resolving complaints.

3. Legal Framework

[Insert Business Name] recognises its obligations under various Australian laws. These include but are not limited to:

• Fair Work Act 2009 (Cth)
• Work Health and Safety Act 2011 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Racial Discrimination Act 1975 (Cth)
• [Insert relevant State Act, e.g., Anti-Discrimination Act 1977 (NSW)]

4. What is Discrimination?

Discrimination occurs when a person is treated less favourably than another person because of a specific attribute or background. These attributes include:

• Race, colour, national or ethnic origin
• Sex, gender identity or intersex status
• Sexual orientation
• Pregnancy or breastfeeding
• Age
• Physical or mental disability
• Marital status, relationship or family status
• Religion or political opinion
• Trade union activity

4.1 Direct Discrimination

Direct discrimination happens when someone treats another person unfairly because of a specific attribute. An example is refusing to hire a qualified tradesperson because they are a woman.

4.2 Indirect Discrimination

Indirect discrimination happens when a rule or policy seems neutral but unfairly disadvantages a specific group of people. An example is requiring all workers to work full-time, which may disadvantage parents with carer responsibilities.

5. What is Harassment?

Harassment is any form of unwanted behaviour that offends, humiliates or intimidates a person. It can be physical, verbal or written. Harassment related to a protected attribute is unlawful.

Examples of harassment include:

• Making offensive jokes or comments about a person's race or gender.
• Displaying offensive posters or screensavers.
• Sending insulting or threatening emails.
• Unwelcome physical contact.

6. Sexual Harassment

Sexual harassment is a specific type of harassment. It involves unwelcome sexual advances, requests for sexual favours or other conduct of a sexual nature. This is strictly prohibited.

7. Workplace Bullying

Workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker. It creates a risk to health and safety. Bullying is not reasonable management action carried out in a reasonable way.

8. Victimisation

n It is unlawful to victimise a person. Victimisation means treating someone badly because they have made a complaint, supported a complaint or provided evidence about discrimination.

9. Responsibilities

9.1 Management

[Insert Business Name] management must:

• Implement this policy.
• Treat all staff fairly.
• Respond promptly to complaints.
• Ensure no one is victimised for making a complaint.
• Provide training on this policy.

9.2 Employees and Contractors

All workers must:

• Read and understand this policy.
• Comply with the policy at all times.
• Treat colleagues and clients with respect.
• Report any incidents of discrimination or harassment.

10. Breach of Policy

Any employee who breaches this policy may face disciplinary action. This can include verbal warnings, written warnings or dismissal for serious misconduct. Contractors who breach this policy may have their contract terminated.

11. Complaint Procedure

If you believe you have been discriminated against, harassed or bullied, you should follow these steps:

1. Keep a record: Write down what happened, when it happened and who witnessed it.
2. Informal resolution: If you feel comfortable, tell the person involved that their behaviour is unwelcome and ask them to stop.
3. Formal complaint: If the behaviour does not stop or you do not wish to speak to the person, report the matter to [Insert Name/Position, e.g., The Business Owner or HR Manager].

You can bring a support person to any meeting regarding your complaint.

12. Investigation

[Insert Business Name] will investigate all formal complaints promptly, impartially and confidentially. We will tell the complainant of the outcome within a reasonable timeframe.

13. Review Date

This policy will be reviewed on [Insert Date] to ensure it remains current and effective.

14. Acknowledgement

I, [Insert Employee Name], acknowledge that I have received and read the Anti-Discrimination and EEO Policy. I understand the contents and agree to abide by it.

Signature: ______________________

Date: ______________________