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Anti-Discrimination and EEO Policy

Version 1.3 Updated 3 Jul 2023
Policy Manage

Who can use this policy

This policy can be used by all employers.

Commentary

This policy has been developed to assist subscribers in meeting their legal obligations under the various state and federal anti-discrimination, anti-bullying. freedom of association, employment, equal employment opportunity, vilification and harassment laws ('EEO Laws').
 

This policy you will create:

  • will be up to date with the recent legislative changes related to the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022;
  • includes a strong statement on your business’s commitment to providing a safe work environment free from unlawful discrimination, harassment, vilification, sexual harassment, sex-based harassment, , bullying and victimisation;
  • clearly states who the policy applies to and what is expected of all workplace participants;
  • clearly defines discrimination (direct and indirect), harassment, vilification, sexual harassment, sex-based harassment, hostile workplace environment, bullying and victimisation;
  • explains that sexual harassment can occur in any work-related context and includes conduct ‘in connection’ with the workplace (e.g., at work social function, travelling for work etc.);
  • a clear statement that unlawful discrimination, harassment, vilification, sexual harassment, sex-based harassment, bullying and victimisation is unlawful and unacceptable; and
  • sets out a complaints procedure including the formal and informal mechanisms for dealing with any complaints.

 

You should ensure that your employees, agents and contractors (including temporary contractors) (referred to as ‘workplace participants’) are aware of the policy, the standards that are expected of them and the consequences of breaching the policy. Training about the policy should take place as part of the induction process for all new workplace participants and in specific training sessions for existing workplace participants.

The workplace participants should be reminded of the policy on a regular basis. This may involve, for example, conducting regular ‘refresher’ sessions at which workplace participants are taken through the policy or sending out emails in relation to the policy and the locations where workplace participants can access the policy. Reminders should also occur prior to certain events, e.g. the company end of year function.

The policy should be effectively communicated internally, for example, including the policy in induction manuals, procedure manuals, on notice-boards, together with pay slips, or in internal newsletters and company magazines.

Employers should ensure that they have a separate Workplace Bullying Policy, in addition to this Anti-Discrimination and EEO Policy. Click here to view the stand-alone Workplace Bullying Policy currently available to subscribers.

Furthermore, whilst this Anti-Discrimination and EEO Policy has been updated to comply with the latest legislative changes related to the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 on prohibiting workplace sexual harassment, it should be noted that from the regulator’s point of view, it is preferable that employers have a separate Sexual Harassment Policy. Click here to view the stand-alone Sexual Harassment Policy currently available to subscribers.
 
Important note to subscribers 

The commentaries and documents in Workplace are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document. 
 
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable. 

This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice. 

If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You may also wish to consider contacting Australian Business Lawyers & Advisors for targeted advice on your business’s specific needs.
 
You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.

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