A key aspect of prevention of discrimination and harassment in the workplace is the development and promotion of a written policy which makes it clear that these actions will not be tolerated under any circumstances.
Some employers have a general workplace policy which covers all forms of unlawful discrimination and harassment (such as discrimination and harassment on the grounds of race, disability, sexual preference, age, etc). Others decide there is a need for a stand alone sexual harassment policy, particularly if sexual harassment is a common or recurring problem within the workplace.
Both options are valid and it is up to employers to decide what is most appropriate for them. If a general policy is adopted, however, it is important that the different types of discrimination and harassment are well-defined and addressed comprehensively. If the policy is too broad or generic its impact and clarity may be compromised. A written policy checklist is included below.
It is recommended that an organisation officially launches its policy at a meeting with all staff. If this is not possible, the endorsement of the chief executive officer or a senior management representative should be disseminated, emphasising that all staff are required to comply with the policy.
An effective means of ensuring that the policy is promoted on an ongoing basis is to periodically put a copy in pay slips. Policies can also be promoted by e-mailing copies to employees and putting a copy on the company Intranet. The policy should also be displayed on notice boards, included in personnel manuals, made accessible on computer networks and promoted at staff briefings and meetings where relevant.
Employers should provide the policy to new staff as a standard part of induction. Employers may want employees to sign a copy of the policy acknowledging that they received and understood it.
To ensure that the policy is widely promoted and regularly updated, responsibility for circulation and review should be allocated to a specific position or area. Where possible and relevant, the policy should be translated for people with a non-English speaking background.
A policy should include:
The statement should say:
To give the policy credibility and maximum impact, the opening statement should appear above the signature of the chief executive officer.
This demonstrates that the organisation is committed to a comprehensive strategy for eliminating discrimination and harassment. Employers may wish to say that their organisation aims to:
A definition of discrimination and harassment could say:
"Discrimination and harassment occur when a person is discriminated against or harassed in the workplace and in certain areas of public life:
- because of their race, colour, descent or national or ethnic origin, as defined under the Racial Discrimination Act 1975
- or because of their sex, marital status, pregnancy as defined under the Sex Discrimination Act 1984
- or because of a disability as defined under the Disability Discrimination Act 1992
- or because of age as defined under the Age Discrimination Act 2004
- and some grounds under the Human Rights and Equal Opportunity Act 1986."
All states have their own anti-discrimination legislation and it may be appropriate to list the legislation for your state at the end of this definition.
See the following resources for definitions: What is discrimination and harassment?; Age discrimination; Disability discrimination and harassment; Race discrimination and racial hatred; Sex discrimination and harassment and workplace bullying.
Print out a copy of the summary of federal/state anti-discrimination legislation and circulate this to staff and display this in areas accessible to all staff.
Emphasise the primary role of the managers and supervisors in ensuring staff and clients are not harassed or discriminated against within the workplace or "in connection with" the person's employment. Emphasise the responsibility of every employee to not participate in discriminatory or harassing behaviour within the workplace.
Ensure staff are aware of the consequences of engaging in unlawful discrimination or harassment. Establish a range of outcomes, such as an apology, transfer or dismissal.
Ensure staff are provided with the names and contact numbers of nominated person(s) who have been trained to assist in the formal or informal resolution of complaints within the workplace.
Ensure staff understand how complaints procedures operate within your organisation.
