Workplace Discrimination & Harassment

What is Discrimination? Discrimination means treating a person less favourably because of some personal characteristic such as their race, gender or disability.

There are both State and Federal laws which make discrimination in the workplace illegal on the grounds of characteristics including sex, age, disability, pregnancy, sexual preference, marital status, race, family responsibilities and religion.

Management has a legal responsibility to ensure that discrimination and harassment does not occur in the workplace and to take firm action to stop it if it does occur.

In NSW and federal law, discrimination may be direct or indirect. Direct discrimination means treating someone unequally simply because they belong to a particular group eg: not employing someone because they are Aboriginal or not employing a woman to be a truck driver. Indirect discrimination is where there is a rule or procedure which appears to treat everyone equally but which some people are unable to comply with eg: height requirements for employment which most women could not meet or rotating shift arrangements which people with carer's responsibilities cannot work.

Sexual harassment

Sexual harassment can include such things as sexual advances or repeated requests for dates, requests for sexual favours, unwanted physical contact, leering, verbal abuse, offensive pictures or jokes (including those on computers/e-mail), persistent discussion of someone's sex life and suggestive comments.

Very serious behavior such as sexual assault, stalking, flashing and threatening phone calls are criminal offences and should be reported to the police.

Action to take

If you are a delegate or union member who a colleague has approached for advice, make it absolutely clear that harassment and discriminatory behaviour is unlawful and opposed by the PSA/CPSU. Assure workers who complain about discrimination or harassment that the union will support them if their complaint is justified.

All public sector agencies must have a written policy on dealing with harassment and discrimination. Get hold a copy of this policy (they are usually found on Departmental intranet sites or contact your personnel section) and make sure that all employees have access to it. Management are required to investigate all complaints and must treat matters confidentially, seriously and promptly.

If the discrimination or harassment does not cease the workplace policy for dealing with discrimination and harassment should be followed. If your agency's policy is unclear or not appropriate (for example it says a complaint should be taken up with the manager who is the harasser), your Award or Agreement will also outline grievance procedures to follow.

If the matter is not resolved contact your organiser or industrial officer. The Women's Unit can also help with advise about options such as making a complaint to the Anti-Discrimination Board, or Human Rights and Equal Opportunity Commission. Workplace discrimination issues can also be taken to the NSW Industrial Relations Commission or the Australian Industrial Relations Commission which are required to consider workplace discrimination matters.

Remember, if a victim asks you for advice about taking action over harassment, make sure you consider, in consultation with the PSA, how they want the matter handled and what outcomes they are seeking.

Discrimination as an organising issue

Developing a better workplace discrimination and harassment policy is a way of involving and activating members.

You could also invite the PSA's Women's Officer or Organiser to address a meeting of women to discuss workplace discrimination.

Discrimination and harassment are serious issues and it is important that the union works proactively to eliminate them in the workplace.

Resources

NSW Office of the Director of Equal Opportunity in Public Employment (ODEOPE) - website www.eeo.nsw.gov.au, phone (02) 9248 3555, (TTY (02) 9248 3544). Policy and Guidelines: Harassment Free Workplace is available on the ODEOPE website.

Human Rights and Equal Opportunity Commission (HREOC) - website www.humanrights.gov.au, phone 1300 656 419, complaints hotline 1300 369 711 (TTY 1800 620 241).