Legislation addressing the rights of people when applying Click to edit Master subtitle style for positions .

exist to protect both the employers and the Presented by Group 3 potential/current employers.

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Objective

Introduction of legislations Liability Responsibility of the Employer for Employers to consider

Types

Vicarious Factors Seven

Reasonable Steps for Employers to for Employers to ask themselves

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Take
Questions

Objective continue
Reasonable

Accommodation

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Introduction
Why

legislation required when applying for new jobs ? that should consider. culture of business; the team or customer the employee will be working with. It is important that the new employee will fit in. sure you know the correct Award and rates of pay relating to the position. that you understand the requirements of anti discrimination and other relevant
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Things The

Make

Ensure

Laws

South Australian: Opportunity Act 1984 (SA) Vilification Act 1996 (SA)and the racial victimisation provisions in the Civil Liability Act 1936 (SA) Protection Act1993 (SA)

Equal Racial

Whistleblowers

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Laws continue
Commonwealth: Sex

Discrimination Act Discrimination Act Discrimination Act

Racial

Disability Age

Discrimination Act

Equal

Opportunity for Women in the Workplace Act Rights and Equal Opportunity Commission Act Privacy Act
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Human

Australian

Laws (brief)
Equal The

Opportunity Act

purpose of the Equal Opportunity Act 1984 (SA) is to promote equality of opportunity for all South Australians. It aims to prevent discrimination against people and to give them a fair chance to take part in economic and community life. Vilification Act vilification is behaviour in a public place that incites hatred, serious contempt or ridicule of a person or group of people, because of their race. 4/14/12

Racial Racial

Laws (brief)
Whistleblowers

Protection

Act
The

Whistleblowers Protection Act 1993 (SA) protects people who reveal information that is important for the public to know. It may be information
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Responsibility of the Employer

All

work places in Australia are required to be free from Discrimination,

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Continue
Under

state and federal law, discrimination is treating people unfairly because of particular personal characteristics or because they belong to a certain group or what they do in their personal time. is also against the law to sexually harass people or to victimise them because they have complained about discrimination or harassment.

It

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Vicarious Liability.
Employers If

are responsible for their staff if they harass or discriminate against others. employers can't show that they have taken reasonable steps to prevent discrimination and harassment, then they can be held responsible, even if not directly involved. This is known as Vicarious Liability.

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 When the

deciding what level of preventative action is reasonable, an employer should consider: size and structure of the organisation resources nature of the work undertaken imbalances in the workplace employment of women in nontraditional areas number of junior staff
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available the

gender the the

Continue
the

workplace culture diversity in the workplace history of harassment

cultural any any

relevant provisions in industrial awards or agreements hours of supervision

working level

any other relevant factors, such as geographic isolation of the work location. What is reasonable for a large corporation may not
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Seven Reasonable Steps for Employers to Take:

1.

Preparing and promoting a written policy on workplace discrimination and harassment Training staff to identify and prevent workplace discrimination and harassment Establishing an effective internal complaints procedure Appointing trained harassment contact officers Treating all complaints seriously and investigating them promptly
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2. 3.

4. 5.

Questions for Employers to ask themselves

Do

staff know that treating customers and other staff unfairly is unacceptable? staff treated fairly in all your dealings with them the hiring process, training, promotion, changes to working conditions or dismissal? there a system for dealing with problems if they arise? they know where to get help? communicating with your staff a high priority?
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Are

Is

Do Is

Reasonable Accommodation
A

disabled member of the staff has a right to the same opportunities as staff without disabilities. a person with a disability, including a workrelated injury, applies for a job and they are the best person for the job, the employer is obliged to provide special assistance or equipment to help them do the work. is known as Reasonable Accommodation. the employer fails to do this and it is found to be unreasonable, you4/14/12 be unlawfully could

If

This If

Suggestions
Here

are some ways the employer can reasonably accommodate people with disabilities: the workplace accessible to a wheelchair by putting in a ramp, rearranging office furniture, providing an accessible toilet, adjusting the height of work surfaces. fluorescent lighting for a person with epilepsy, who may react to flickering or strobing. a chair for a person who is unable to stand for long periods. 4/14/12

Make

Replace

Provide

Suggestion continue
Provide

a sign language interpreter for a deaf person, or a medical assessor who is familiar with a person's particular disability during a job interview. employer is not expected to hire someone who is unable to: the work required without endangering themselves or others adequately to any likely emergency at work
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The

perform respond

Recommendations to employers to ensure compliance when engaged in the recruitment process.

Employers

have a legal obligation to employees to ensure recruitment, selection and conditions of employment are in accordance with legislation. In order to comply with these legislations they must have a working knowledge of the following legislation: Australian: Opportunity Act 1984 (SA)

South Equal Racial

Vilification Act 1996 (SA)and the racial victimisation provisions in the Civil Liability Act 1936 (SA) 4/14/12

Continue
Commonwealth: Sex

Discrimination Act Discrimination Act Discrimination Act

Racial

Disability Age

Discrimination Act

Equal

Opportunity for Women in the Workplace Act Rights and Equal Opportunity Commission Act Privacy Act
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Human

Australian

EEO
Employers

also need to be familiar with the concepts of Discrimination and Equal Employment Opportunity (EEO):

Discrimination: In

Summary discrimination is: on a personal characteristic in an area of public life loss or humiliation 4/14/12

based

happens causes

EEO continue
Equal All

Employment Opportunity

employers are legally obliged to prevent discrimination and harassment in the workplace and when hiring or dismissing staff. state and federal law, discrimination is treating people unfairly because of particular personal characteristics or because they belong to a certain group. is also against the law to sexually harass people or to victimise them because they have complained about discrimination or 4/14/12

Under

It

Employers must also understand the legislations and company policies surrounding:

Job

description forms of association (unions)

Application Freedom Age physical criminal testing

and mental capacity convictions

employees

interviewing

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Check-list
Create To

a check-list and consult with your HR representative: ensure you have complied with all legislation and company policies during recruitment and selection it is a good idea to create a check-list and have it signed off by your HR representative. An example of this is:

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Conclusion
Legislation

summary policies and tips to be aware

Legislation,

of/avoid.

direct and indirect discrimination you need to ask yourself during the recruitment process . to consult

Questions

People/resources

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Questions

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References
EEO:

www.eoc.sa.gov.au

http://www.asial.com.au/Tipsforrecruitingst

aff

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