What is Equal Employment Opportunity?

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What is Equal Employment Opportunity (EEO)?

EEO is the Australian legal framework to protect job seekers and employees from discrimination in all areas of work (from recruitment to an employee’s daily life at an organisation).

What does Equal Employment Opportunity Act protect?

Under the EEO, employers can be penalised if they discriminate or disadvantage individuals on the basis of:

• race

• colour

• gender

• sexual orientation

• age

• physical or mental disability

• marital status

• family or carer’s responsibilities

• pregnancy

• religion

• political opinion

• national extraction (place of birth or ancestry)

• social origin (class, caste or socio-occupational category)

• industrial activities (such as belonging to a trade union)

What happens if an employer breaches the Equal Employment Opportunity Act?

If an employer does not comply with EEO, they may receive complaints from job seekers or employees. If the employer fails to resolve the complaints and take action, the complaints can be taken to the Fair Work Ombudsman and employers may have to face court and pay penalties (fines).

How you can ensure Equal Opportunity in your workplace?

Implement an EEO policy for employees to sign and acknowledge. This allows employees to understand that the company promotes equal opportunities throughout the business. When writing the policy ensure that an overview and how the policy will work is provided.

Put in place a process for complaints. When a complaint is received by HR or direct manager, it is essential for there to be a clear process in place so that the complaint is taken seriously.

Example of a course of action:

1. Meet with the employee who made the complaint to listen and understand their perspective.

2. Take notes for formal documentation.

3. Investigate the complaint with involved parties. Gather all information about the situation and keep a record of the investigation.

4. Make a decision to resolve the issue based on the gathered information, EEO and discrimination policies. The next steps may include disciplinary action or a mediation session.

5. Follow up with the employee who made the complaint to ensure they are satisfied with the outcome.

In any case do not:

• Disregard an employee’s complaint

• Let time go by before taking action

• Forget to document each step of the complaint process

If an employee is not satisfied with the outcome, they are most likely to take the matter to Fair Work Ombudsman.

Ensure that the hiring manager is unbiased. There can be a lot of conscious or subconscious bias that can impact the hiring process and breach equal employment opportunity. So provide hiring managers with all the information or training to recognise and reject bias.

Here are some tips to overcome bias and promote diversity:

• Review the language used in the job ads

• Encourage individuals of all backgrounds to apply by putting a statement in the job ad highlighting diversity

• Consider different types of applicants who may apply for the role

Laws that govern Equal Employment Opportunity

EEO is underpinned by the following laws:

• Sex Discrimination Act 1984

• Racial Discrimination Act 1975

• Disability Discrimination Act 1992

• Age Discrimination Act 2004

Need to implement a EEO Policy? Contact our team for a discussion at 0400 489 743 or email info@infinityhr.com.au

To find out how else Infinity HR may be able to support your business visit our ‘Services’ page.