Workplace Discrimination Case Studies

Workplace Discrimination Case Studies

Case Study 1

1. Research the Australian government’s Equal opportunity and diversity information and guidelines provided through their website- https://www.business.gov.au/people/hiring/equal-opportunity-and-diversity and apply that information in this assessment task.

2. What are the ten (10) steps that you can take to create a fair and productive workplace as recommended by the Australian Human Rights Commission under its Good practice good business guidelines ? Reference your source.

The Australian Human Rights Commission (2014) has outlined ten steps that will help in creating a positive environment for all employees in their workplace.

• The first step requires organization development and implementation of harassment and discrimination policies. The resources equip the employers with knowledge related to the Aboriginal laws and the people’s Torres Strait Islander, accents, anxiety, autism, and many more aspects. Such knowledge will help employers to create a more respectful and appropriate job-seeking experience.
• The employers should also have a substantiative method that they can handle complaints relating to discrimination as well as harassment that may arise. One way to curb such situations is by holding meetings with the victims as well as with employees to equip them with knowledge on workplace diversity.
• Step three involves letting the employees be aware of the company’s policies regarding harassment and discrimination and their ultimate consequences. The employers can achieve that by holding a meeting with new staff before they commence to work, using staff noticeboards, and through the intranet within the organization premises.

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• Step four involves the employers inducing their employees to train to help them become more responsible and respectful, especially those that work under human resource and management departments in case the company has financial constraints.
• Step five requires employers to ensure that the organizational managers act as a role model towards discouraging harassment and discrimination through their consistency in promoting workforce diversity. That can be achieved by providing significant performance indicators.
• Step six requires the employees to have plans in creating a free environment where employees can discuss issues affecting them with confidence. One way can be through workplace contact Officers who can are friendly and approachable.
• Step seven, the employers can establish policies that highlight on the organizational stand and commitments towards eradicating harassment and discrimination while promoting workplace equality. One way can be through considering the employees who got families.
• Step eight requires the employer to identify and mitigate risks related to harassment and discrimination, especially where employees seek additional leave due to some personal issues.
• Step nine requires employees to carry out adjustments that will accommodate people with disabilities in their organizations for easier access.
• The last step requires the employers to identify potential problems that might lead to harassments and discrimination by either conducting surveys among the employees or through reviewing work units that might be affected by employees’ absenteeism.

3. The Marino Enterprises Diversity Policy is located within the Marino Enterprises Handbook. Locate the policy document and print a copy to include with your submission.

4. You are recently employed as the Human Resources Manager and have been asked to undertake a critical review of the Marino Enterprises Diversity Policy and provide:
5. i) a list of at least six (6) of the strengths of the current policy document with regard to the work context outlined in the Case Study

As a human resource manager, I have noted that;

• The Marino enterprise has been on the first line in ensuring that diversity policy has been implemented in their organization through employing, immigrants and the disables among others.
• The company has been quick to note that something is amiss especially on diverse range of staffing, therefore proving their dire need for diversity.
• The company through the diversity policy have been successful due to their involvement of the society proving that diversity policy is a competitive advantage
• The company has been quick in noting that there is a need to change the policy in the diverse range of staffing.
• Marino has been conducting surveys and research that has helped them to note where things are going wrong.
• Through Marino Enterprise noting that some of the staffs have not been receiving the best treatment, they will have to formulate ways to encourage its staff to treat each other equally.

1. ii) a list of at least six (6) of the weaknesses of the current policy document with regard to the work context outlined in the Case Study

In every aspect there have to be some weaknesses that surpasses the strengths, and as a human resource manager, I noted the following in Marino’s Enterprise.

• Through working with the local community, the company chances to breach the diversity policy is very much possible since community might not prefer employees who are against their culture and belief such as the LGBTIQ.
• Also, through working with the local employees providers might risk being bias since in most cases the local employers might favor local employees compared to immigrants.
• Through diverse range of staffing not being a deliberate diverse policy, it might bypass some legal requirements leading the company to troubles
• There is no company bound diversity policy therefore, employee’s rights can be surpassed.
• There are no actions that have been put in place to solve staffs issues
• The company has no concrete means of employing their employer’s therefore, they can be subjected to harassment such as impromptu sacking since employment is done by word of mouth

 iii)       Feedback on the currency and efficacy of the policy,

I believe that the current policy has many loopholes that can subject the company’s employees to harassment and discrimination. In return, the company is at risk of having a bad reputation just in case some of its employees are subjected to those two vices. As well, Marino’s current policy cannot help them achieve a proper and desirable diversity policy.

1. iv) Suggestions for improvement to ensure currency and efficacy of the policy

I would like to suggest to Marino Enterprise that they need to revise their current policy to eliminate the possible loopholes for harassments and discrimination among its employees. As well, they should be conducting a regular discussion with the staff to ensure that things are running smoothly. The other things include publishing their policies to enable the employees have more confidence in comparison with using word of mouth.

Activity 2

1. Who are the main six (6) relevant parties or groups that you should invite to the workshop meeting?

• Marino Enterprise CEO
• Head of the local community
• Head of the local employers
• Head of human resource
• Head of the finance department
• Head of the procurement department

Activity 3

3.What are the ten (10) strategies suggested as checklist items by the Human Rights Commission to assist organizations to prevent discrimination in recruitment practices? Reference your source.

According to Australian Human Rights Commission (2015), the following are the ten strategies;

• Planning the approach to ensure that one complies with the obligations as a way of preventing discrimination during recruitment processes
• Educating others who does recruitment on their obligations to attract as many applicants.
• Be fair and consistent in the way candidates are treated.
• Accommodating people who might require adjustments
• Avoid seeking irrelevant information especially personal information from the applicants
• The main focus should be on essential job requirements.
• Avoid personal biasness, stereotypes, and myths.
• Ensure that your decision records are kept.
• Select applicants based on merits.

Task 2

QUESTION 1

What one (1) federal and seven (7) Australian state and territory legislation do transgender people in the workplace have legal protection under?

According to Australian Human Rights Commission (2015) the transgender are protected by;

Federal Protection

Sex Discrimination Act  that was formulated in 1984.

Australian State and Territory Legislation

• New South Wales an Anti- Discrimination Act that was formulated in 1977
• Northern Territory an Anti-Discrimination Act that was formulated in 1996
• Queensland an Anti-Discrimination Act that was formulated in 1991
• South Australia, Equal Opportunity Act that was formulated in 1984
• Tasmania an Anti-Discrimination Act that was formulated in 1998
• Victoria Equal Opportunity Act that was formulated in 2010
• Western Australia, Equal Opportunity Act that was formulated in 1984.

QUESTION 2

In support of Michael’s transition, Marino Enterprises have discussed developing a transition plan. What are the six (6) key elements that this transition plan should include? 

• Train the employees on the importance of respecting once choice
• Marino Enterprise manger should talk in a positive way to be seen as an example
• Come up with policy on transgender inclusion
• Change Michael’s name to Michelle in the company’s list of workers.
• Ask the employees to avoid invading people’s secret
• Have some counseling sessions with Michael to prevent any distress when he comes back as Michelle.

Question 3

As the manager, how could you respond to the hostile staff members and encourage respect?

A manager act as a role model, so instead of responding harshly, I would ask the hostile staff to join me in my office, then I would tackle him or her in a systematic manner. Where I would make the team realize their mistake, and then I would politely counsel them on the importance of respecting others to obtain harmony.

QUESTION 4

One of the hostile staff members continues to harass and make derogatory comments in front of Michelle. What are the four (4) steps (in order) under the Marino Enterprises’ Internal Complaints Procedure that Michelle must follow before starting a formal resolution process?  Include a timeline for each step, and assume each step fails to resolve the matter, so Michelle needs to know what the next step is.

If the informal procedure fails, I would ask Michelle to avoid the staff to as a way of evading their hostility, if that fails, I would urge her to accommodate their hatred and assume that the hostility is not a big thing to her. On the other hand, if the staff continues, Michelle should collaborate with the staff in condemning her transition, which will now leave the staff with no option but to leave her in peace. If that fails too, Michelle should now be determined to defeat the staff by calling other supportive members to help her on challenging the staff using facts such as laws that respect and accepts the transgender family.

QUESTION 5

If Michelle’s complaints are not resolved through the informal processes you have described under Question 4 above, outline the formal resolution processes if Michelle then raises a formal complaint directly to the Human Resources Manage? Include the timelines for each step.

When the case is not resolved in an informal process, the Human Resource manager may decide to change the roles of one of them, where Michelle can be taken to another department. If the case does not get solved well, the human resource manager can become a mediator and listen to both sides to come with concrete advice on the same. If mediation fails, the Human Resource Manager can call out for a staff training session on diversity and ways to respect and accommodate their differences among each other. If still, the process does not work on the staff, the human resource manager may decide to lay off the hostile member so that other employees can learn to respect and value their counterparts.

Recruitment

QUESTION 1

Outline the four (4) discrimination matters related to recruitment that an employer must consider

An employer must ensure that while hiring the employees, such employees should never be subjected to biasness. Also, during job promotion, the promotion should be highly transparent, and integrity should prevail. In the same case, if the employer needs to terminate the contract before the due date, they should compensate the employees with no discrimination. Lastly, all job assignments should be assigned equally without prejudice of sex, age, or cultural background of the employees.

QUESTION 2

If a 52-year-old female applied for the position, who was also more than qualified, but was told that she didn’t get the job because they were looking for young women, what four (4) federal legislation has been breached?

• Northern Territory- Anti-Discrimination Act
• Age Discrimination Act
• Australian Human Rights Commission Act
• Fair Work Act of 2009

QUESTION 3

During the interview process for this position, a young woman fits the description and is qualified and is asked if she has children. She lets the interviewer know that she has two, one of which she is still breastfeeding. Prior to disclosing this information, she was asked if she could start next week, but the interviewer has gone cold and cuts the interview short. What has one (1) federal legislation been breached?

Australian Capital Territory- Discrimination Act

Case study 3

QUESTION 1

As Muhamad‘s manager, what are the four (4) key appropriate responses to address Louise’s behaviour  in this situation?

The manager should address the issue using

• Religious tolerance policy
• Bullying and harassment policy
• Code of conduct for Marino Enterprise
• Whistle-blower protection Act while training the employees on the importance of respecting each other.

QUESTION 2

Three (3) weeks have passed, and Muhamad comes to you to complain that Louise has cornered him in the photocopy room and told him that he is rude for not shaking hands with female clients. Louise has said to you that she cannot work with Muhamad as his behaviour makes her sick!

What are the processes, under the Marino Enterprises’ Internal Complaints Procedure available to you as manager to resolve Muhamad’s complaint and encourage Louie and Muhamad to work together?

Conciliation

As a manager, I will formulate mechanisms that will try and solve their indifferences, such as educating them on the importance of religious tolerance.

Investigation

Also, if the issue does not cease, I will formulate ways to find out the root cause of the problem in a balanced position.

Outcome

If I get the actual result that is causing the conflicts between the two staff, I will now call both of them where the person on the wrong will have to get punished or warned against breaching the other staff’s peace.

Referral

Referral mainly occurs when the internal complaints procedure does not bear fruits. In our case, if Louise and Muhamad issue continues, then I will have to alert an external body such as the Australian human rights commission to intervene.

Question 3 – this is a self-reflection question

Being honest and candid about you own experiences, use the template below to list two (2) personal potential prejudices of your own regarding diversity in a work team or a workplace that may have impacted interactions and work performance.

For each prejudice you identify, outline how you have or can best address each of them to demonstrate respect for difference in personal interactions.

(If you are unable to recognise prejudices from your work experiences, then you may relate this question your day-to-day personal experiences).

References

Australian Human Rights Commission (2020). Equal opportunity and diversity. Available at:   https://www.business.gov.au/people/hiring/equal-opportunity-and-diversity (Accessed 21st March 2020).

Australian Human Rights Commission (2014) Ten steps you can take to create a fair and productive workplace. Good practice, good business humanrights.gov.au/employers. Available at: file:///C:/Users/WAYNED~1/AppData/Local/Temp/Rar$DIa5468.39514/BSBDIV501_handout%20(c)_Human%20Rights%20Commission%20GPGB%20ten%20steps.pdf (Accessed 21^st March 2020).

Australian Human Rights Commission (2014). A quick guide to Australian discrimination laws. Available at: file:///C:/Users/WAYNED~1/AppData/Local/Temp/Rar$DIa5468.40839/BSBDIV501_handout%20(d)_Human%20Rights%20Commission%20GPGB%20quick%20guide%20to%20discrimination%20laws.pdf (Accessed 21st March 2020).

VicHealth (2013). How cultural diversity can be good for business. Available at: file:///C:/Users/WAYNED~1/AppData/Local/Temp/Rar$DIa5468.37248/BSBDIV501_handout%20(f)_Vic%20Health%20Race-based%20fact%20sheet.pdf (Accessed 21st March 2020).