Equal Employment Opportunity (EEO)

1Scope

This policy applies to all employees of<Insert Company Name> (being the Company).

The policy also covers job candidates, contractors, customers, suppliers and visitors of the Company.

The provisions of this policy operate not only on Company premises, but also anywhere with a sufficient connection to the Company. Examples include, without limitation, company, contractor, supplier and customer offices, sites and vehicles. The policy also extends to work-related functions and meetings conducted out of hours and away from the company's premises, regardless of whether they are of a social or business nature.

2Purpose

The purpose of this policy is to:

  • consistently apply and promote fair treatment and equal employment opportunity (EEO) for all persons involved in company business; and
  • facilitate a workplace culture that maximises company performance by making decisions on the basis of merit and real business needs without regard to prohibited discriminatory criteria.

3Policy

The Company requires its employees to:

  • ensure that an individual is not treated less favorably than another person would be in comparable circumstances, based on that person’s “protected attributes” (see below), and to ensure all our employees are able to work in an environment that is free from harassment, bullying and unlawful discrimination;
  • encourage other employees to comply with the principle of equal opportunity by promoting Company values to enable effective working relationships for all;
  • comply with the legislation that covers EEO, harassment, bullying and discrimination; and
  • identify discrimination, harassment and bullying and report them to management immediately.

3.1Discrimination

The Company will not tolerate direct or indirect discrimination in the workplace.

Direct discrimination

Direct discrimination occurs when an individual with a protected attribute is treated less favorably than a person without that attribute would be treated in the same or similar circumstances.

“Protected attributes” are prescribed by law, and include carer or parental status, breastfeeding, sex, gender identity, marital status, physical features, pregnancy, parental status, race, religious belief or activity, lawful sexual activity, physical or intellectual impairment, sexual orientation, age, industrial activity or political belief or activity.

Indirect discrimination

Indirect discrimination results from practices in employment which may appear neutral on the surface but which result in a person or group of people who have one or more protected attributes being adversely affected, in circumstances where the practice is unreasonable.

3.2Harassment and bullying

Sexual, racial and other harassment and bullying are unlawful in the workplace under federal and state legislation. They are also in breach of this policy.

Harassment is any form of behaviour that:

  • is unwelcome;
  • causes offence to, or humiliation or intimidation of, another person; and
  • a reasonable person would have anticipated that the person harassed would be offended, humiliated or intimidated by the behaviour.

Sexual harassment is a specific type of unlawful harassment which involves unwelcome conduct of a sexual nature. Sexual harassment is not sexual attention or friendship that is invited, mutual, consensual and reciprocated.

Bullying is repeated, unreasonable behaviour directed towards a person or group of people that creates a risk to their health and safety (whether psychological or physical).

Reasonable managerial direction or performance counselling or discipline is not bullying.

3.3Examples of discrimination, harassment and bullying

Unacceptable conduct under this policy and applicable legislation can include, but is not limited to:

  • requests for sexual favours;
  • kissing, touching or pinching;
  • sexual propositions;
  • gender or race-based insults or taunting;
  • intrusive questions about a person’s private life;
  • verbal or non-verbal abuse or ridicule;
  • any rough or offensive physical contact;
  • using threats, intimidation, or a promise of a reward to interfere with another person's work;
  • displaying or distributing pornographic, racist or offensive materials;
  • mimicking a person’s accent or disability;
  • repeated invitations to socialise after prior refusal;
  • excluding or isolating a person; and
  • throwing objects at a person.

The Company will view any act of discrimination, bullying or harassment very seriously.

4Resolution of complaints

4.1Making a complaint

If a person believes they have experienced harassment, bullying or discrimination they should state their objection directly to the person concerned. If the complainant feels unable to do this, or if this approach is not successful or the matter is of a serious nature, then the matter must be referred to the relevant manager.

The manager may, if appropriate, initiate an investigation into the matter. This may include interviewing witnesses or gathering other information. The person the subject of the complaint will be provided with details of the allegations against them, and given an opportunity to respond to those allegations.

4.2Confidentiality

The situation or complaint will be kept as confidential as reasonably possible. All parties involved in any investigation (including any witnesses) will be expected to maintain the confidentiality of the matter.

4.3Victimisation

A complainant will not be disadvantaged in their employment for making a complaint, being a witness or informant to an investigation of a complaint or refusing to breach their EEO obligations.

It is unlawful to victimise a complainant, or a person who has given information on behalf of a complainant, where the complaint has been made in good faith.

The Company regards such victimisation as serious misconduct.

4.4Breach

Any appropriate disciplinary action will be determined on a case-by-case basis.

If a person is found to have breached this policy, they may be subject to disciplinary action up to and including dismissal (with or without notice). Depending on the circumstances, even “one-off” or unintentional breaches may result in the full range of disciplinary action.

Employees may also be personally liable if they bully or harass any person.

5Status of this Policy

This policy is not a contract and does not give employees enforceable rights. The Company may amend or remove this policy at any time.

6Further Information

If you have any questions about any matter in this policy, please contact the <Insert Manager Title>.