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STIR EQUAL OPPORTUNITY (Chapter 8) Equal opportunity prohibits certain types of discrimination and employment situations In Victoria the Equal Opportunity.

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Presentation on theme: "STIR EQUAL OPPORTUNITY (Chapter 8) Equal opportunity prohibits certain types of discrimination and employment situations In Victoria the Equal Opportunity."— Presentation transcript:

1 STIR EQUAL OPPORTUNITY (Chapter 8) Equal opportunity prohibits certain types of discrimination and employment situations In Victoria the Equal Opportunity Act 1995 makes it unlawful to discriminate against a person on the basis of the following: age race gender disability industrial activity lawful sexual activity/sexual orientation marital, parental or carer status physical features political belief or activity pregnancy religion personal association

2 STIR The law also prohibits SEXUAL HARASSMENT Two new Amendments to the Act in 2000 made it unlawful to discriminate on the basis of the following Breast feeding Gender identity

3 STIR MAKING A COMPLAINT Victorian Equal Opportunity Commission To make a complaint contact the Victorian Equal Opportunity Commission Equal Opportunity Commission receives complaints made either under the Victorian Legislation or the three Federal Anti-discrimination Acts Victorian Equal Opportunity Commission has a legal duty to assist complainants to organise their complaints

4 STIR When a complaint is lodged with the commission a process is started This can involve Investigation by the commission – to establish legal and factual issues about the discrimination or sexual harassment charge – you may be required to produce documentation There are some exemptions to the Anti-Discrimination Act A conciliation process – set up by the commission to assist parties to resolve the matter A public hearing – in front of the Anti-Discrimination Tribunal or (federal) Human Rights and Equal Opportunity Commission These processes can be stressful and difficult People pursuing official complaints should receive personal and emotional support from work colleagues or external counselling

5 STIR DIRECT AND INDIRECT DISCRIMINATION Direct discrimination is where you are not given the same advantages as others If an employee offers a pay rise to all staff except women this is direct discrimination Indirect discrimination can be less obvious and may exist in policy, procedure, rule or practice that looks to include all but singles out certain groups All employees who work continuously for 20years will receive a financial bonus This discriminates against women who generally will have an interrupted working career due to children A policy like this will be seen as unfair and be deemed indirect discrimination

6 STIR AFFIRMATIVE ACTION Affirmative Action Legislation attempts to achieve equal employment opportunities for women in the work place and aims to break down discrimination against women bot directly and indirectly The Federal Affirmative Action Act 1986 affects private-sector companies with 100 or more employees and all Higher Education Institutions, such as Universities These institutions are required by law to implement Affirmative Action programs in the workplace and submit annual reports on its progress

7 STIR For more information go to www.eoc.vic.gov.au 3 parts Employees’ rights Employers’ rights How to make a claim Focus questions p 90 Photocopy pp 90 – 94 Student workbook pp 64 – 72


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