Equal Employment Opportunity and Occupation Health and Safety Law - Assignment Example

Equal Employment Opportunity (EEO) and Occupation Health and Safety (OHS) Law and Practice Student’s Name: Lecturer’s Name: Course: Date Submitted: Table of Contents Introduction………………………………………………………………………………………2 Nature of the Company……………………………………………………………………………3 Principles of EEO, Safety and Equality…………………………………………………………..4 Federal Anti-discrimination Laws………………………………………………………………..5 i. Australian Human Rights Commission Act 1986………………………………………..5 ii. Age Discrimination Act 2004…………………………………………………………….5 iii. Disability Discrimination Act 1992....................................................................................6 iv. Racial Discrimination Act 1975…………………………………………………………..6 v. Sex Discrimination Act 1984...............................................................................................6 vi. New South Wales Anti-Discrimination Act 1977………………………………………...6 Forms of Unlawful Discrimination in the Workplace…………………………………………….7 Current EEO in the Workplace……………………………………………………………………8 Managing EEO in the Workplace…………………………………………………………………8 Managing Diversity in the Workplace…………………………………………………………….9 Resolving Complaints about Workplace Discrimination………………………………………..10 Recommendation of Organizational Changes…………………………………………………..10 Benefits of Implementing Organizational Changes……………………………………………..11 Conclusion……………………………………………………………………………………….12 References……………………………………………………………………………………….13 Introduction Support for Equal Employment Opportunity (EEO) in Australia is general in the most developed companies. In the past, organizations supported discrimination and inequity against the Indigenous people in Australia, women and the youth. Strachan, Burgess and Henderson (2010, p. 1) state that the contemporary society has incorporated policies that strictly support removal of race, gender, age and cultural discriminations by changing the social attitudes of the workforce. The policies designed for organizations depend on cultural expectations, prior practice, economical circumstances, industrial and political systems. Maintaining equity and diversity in organizations requires workplace relations, industrial relations practices, anti-discriminatory legislation and affirmative action or equal opportunity by managing human resources. These policies were formed after direct discrimination of the Indigenous people in Australia, the youth, women and immigrants who worked in Australian based companies. Many companies in Australia however lack EEO and Occupation Health and Safety (OHS) policies therefore discrimination against the Indigenous, women, disabled people and the youth is severe. There are many companies in Australia that neglect or refuse to implement EEO and OHS organizational change because of old social attitudes that have been passed down from generation to generation (Strachan, Burgess & Henderson 2010, p. 3). Nature of the Company Gee We R Big Building Enterprises Pty Ltd is a company that provides construction and renovation services in the Gold Coast region in Australia but it wants to expand its client base to Brisbane metropolitan area especially after the disastrous floods in May 2011. In the event of its expansion, the company is faced with major concerns that will fail to meet its key objectives if they are not solved. The organized meeting with Guido, the human Relations Manager of the company raised some concerns about lack of equal opportunity laws in the company and unlawful discriminations against women, the youth, the disabled, Indigenous people (Aborigines and Torres Islanders), people who speak English as their second language and people of colour. Guido wants to implement the principles of Equal Employment Opportunity and of Workplace Health and Safety in order to improve the workforce diversity, employ young and self motivated individuals, eliminate racial and gender discrimination and lastly improve management skills in the company. According to Guido, a senior manager quit because of racial profiling in the company and this was carried out by other senior managers who dislike the Aborigines and Torres Islander people. Women who worked in the company as construction workers quit because of sexual harassment from other employees and senior managers. The management team is composed of men aged between 50 to 60 years and lacks women in the team. Gee We R Big Building Enterprises Pty Ltd has 95 employees and 25 of the total employees are in the administrative and management team. Few women are clerks while the other construction and senior managers are all white men. Women fear to work as construction workers or managers in the company because of sexual harassment while the Indigenous people face cases racial discrimination as employees or customers. These unlawful discriminations not only reduce the company’s output but also the number of loyal and potential clients. Using these concerns raised by Guido and previous employees who worked in the company, EEO and OHS policies have to be implemented and severe resistance from senior managers resolved for the organization to meet its key objectives. Principles of EEO, Safety and Equality According to Schreiber (2007, pp. 3), allowing people who are qualified and confident to apply for new jobs in a company will foster employee diversity in the company because many people from different backgrounds will be able to work together. This principle also ensures that employees who are competent are retained or employed to replace redundant and old employees. Another principle of EEO is to eliminate the constant unlawful discrimination because of gender, race or ethnicity by supporting women to work in the management team or as construction workers, allowing the Indigenous people to work in the company and implementing strict penalties for sexual harassment and explicit pictures or women in the company lockers. According to (Johnstone 2010, p. 3), OHS in a company has to be introduced to prevent illness or injury that is directly related to the company. This means that Gee We R Big Building Enterprises Pty Ltd should implement OHS policy that protects the construction workers from injury and illness caused by heavy machinery, dust from cement and falling from buildings during construction. The company will need to provide protective clothing, healthcare insurance and detailed training that provide employees with skills of operating machines, construction and personal hygiene at work. In case of illness and injury in the workplace the employees will be compensated using the insurance against risks such as accidents and illness in the workplace. Federal Anti-discrimination Laws According to the Australian Human Rights Commission (AHRC) (2011), the Federal anti-discrimination laws were introduced by the Commonwealth Government, territory and state governments in the intention of protecting people from all forms of discriminations. Federal anti-discrimination laws include the following; Age Discrimination Act 2004, Australian Human Rights Commission Act 1986, Disability Discrimination Act 1992, Disability Discrimination Act 1992, Racial Discrimination Act 1975 and Sex Discrimination Act 1984. Australian Human Rights Commission Act 1986 states that the grounds of discrimination is inclusive of the following; discrimination in employment because of race, sex, colour, religion, national extraction, age, social origin, medical record, marital status, criminal record, disability, nationality, impairment and sexual preference among others (AHRC 2011). The areas this law covers are occupation and employment. In relation to Gee We R Big Building Enterprises Pty Ltd, the senior managers and employees have neglected this act by discriminating women, Indigenous people and neglecting people with disability. Senior managers discriminated the previous manager from Aboriginal community and several women who resigned complained of being sexually harassment by both construction employees and managers. Senior managers have neglected to acknowledge people with disability in the company and provide them with special care, benefits and equipment. Age Discrimination Act 2004 protects both older and younger Australians (AHRC 2011). The areas that this law covers include; education, employment, provision of goods, access to premises, requests for information and renting a flat or house. Gee We R Big Building Enterprises Pty Ltd has neglected to abide by this law especially when older senior managers resist working with younger employees because they fear being replaced in their specialties. Disability Discrimination Act 1992 protects people who have physical, psychiatric, neurological, intellectual and learning disabilities; disorders, illnesses (for example HIV), disfigurement and perceptions of reality among others (Disabled World 2009). This law is applicable in education, accommodation, employment, clubs and sports among others. With regard to Gee We R Big Building Enterprises Pty Ltd, people with disability have been afraid to voice their concerns while senior management has neglected to cater for employees with disabilities. The grounds that Racial Discrimination Act 1975 applies in employment, access to facilities and accommodation this is when a person has been discriminated based on colour, race and ethnic origin. The case law in Gee We R Big Building Enterprises Pty Ltd is the case of the Aboriginal manager who quit because of racial discrimination practiced by managers and employees. Sex Discrimination Act 1984 protects people in employment, education and awards from sexual harassment (AHRC 2011). Construction and renovation employees and senior managers sexually harassed women who worked as construction or renovation workers leading to lack of women in the management or construction team. Employees subject women who work as clerks in the company to inferiority complex because of the explicit pictures of women in company lockers. The grounds of unlawful inequity according to New South Wales Anti-Discrimination Act 1977 (NSW) include; sex, race, disability, age, homosexuality and marital status among others. The areas that this law covers include; employment, trades, education, access to vehicle and accommodation among others (AHRC 2011). In case a person has been discriminated with regard to the above grounds, he or she can write a formal complaint to the New South Wales Anti-discrimination Board. This case will be assessed, investigated and conciliated if it is within the jurisdiction. But if the case is unsuccessful, it will be submitted to the Equal Opportunity Tribunal for a case hearing and even enforceable determination. In Gee We R Big Building Enterprises Pty Ltd, a case law involving a former senior manager who was racially discriminated by other senior managers settled the complaint by conciliation with a considerable payout. The company lost an experienced and competent manager to a competitor in the construction industry in Australia. Equal Employment Opportunity legislation also advocates for Affirmative Action (Equal opportunities for Women) Act 1986 which was proposed to be implemented in all organizations in Australia to identify existing barriers that inhibit women from equally and fully getting employment opportunities. This Act fosters the employment of women on merit basis, eliminate harassment and finally provide equal opportunities for women in the community. An affirmative action has to be implemented in Gee We R Big Building Enterprises Pty Ltd for the sake of diversity and equity in the company and to achieve organizational goals of expanding the client base and workforce diversity. Forms of Unlawful Discrimination in the Workplace Current and former employees at Gee We R Big Building Enterprises Pty Ltd have raised concerns on different kinds of discriminations. A former senior employee resigned because of racial discrimination which led to a lawsuit and hefty payoff. Former women employees refuse to return to the company for an exit-interview because of sexual harassment as workers in the company. These women will not recommend other women to work in the company due to the discrimination they endured. The disabled in the company fear to voice their concerns because senior management will not cater for their special needs or even acknowledge that there are people with disabilities. Older employees who are senior managers refuse to attend management skill training and they discriminate younger employees because they believe the youth do not have a purpose in the company. Current EEO in the Workplace Current EEO in the company does not meet the standards of equality and diversity. A male dominated company lacks expertise from women who work as hard as men in the contemporary society. The company also lacks expertise from the Indigenous groups who have been exposed to advanced education, technology and experience in the job industry. Older employees who practice racism, age and gender discrimination are not competent in their work stations making the company to incur losses. When construction and renovation workers discriminate against clients who are either Indigenous people or non-English speakers, the company does not achieve its profit margins because clients decline services after a form of discrimination and begin to spread an anti-campaign against Gee We R Big Building Enterprises Pty Ltd. Managing EEO in the Workplace The Human Resource Manager has a plan to recruit women in the company based on their qualifications and experience. This strategy will encourage women to apply for employment opportunities in the company when it expands to Brisbane metropolitan area. Recruitment of ten younger employees in the management team is a strategy that will ensure that work is done successfully and on time. The current situation in the company is composed of old employees who are incompetent in their work and severely resistant to organizational change. Employing the Aboriginal or Torres Strait Islander people in the company is also managing EEO because the terms and conditions for employment of the Indigenous people in Australia states that any Indigenous person should be employed on the basis of competence and confidence but also receive the same kind of payment as that person who is not an Indigenous. Managing Diversity in the Workplace The Human Resource Manager has created a strategic plan to recruit employees from different backgrounds in Australia. The Aboriginal people and Torres Strait Islanders will be included in recruitment to ensure workforce diversity. Recruitment is only possible after the applicants have met the qualifications of the company. Immigrants and Indigenous people tend to have an ascent when they speak but they can be very productive in the company and also provide good leadership to other employees. People with disability in the company will be a boost in revenue because the Victorian Government issued a policy for the year 2010 to 2012 requesting companies to employ people with disability and in return they will receive rewards and financial support to pay the disabled (Diversity Council Australia 2011). Employing the youth will also help in workforce diversity because older employees will be able to learn from new skills acquired by younger employees. Women employees are also considered to be very productive and innovative with the right guidance and appropriate rewards (Schreiber 2007, p. 3). Resolving Complaints about Workplace Discrimination The case law that led to an experienced senior manager resigning and joining a rivalry company was solved by conciliation and significant payoff. The company will ensure that racial discrimination is eliminated by replacing employees who have severe anti-social behavior in relation to racism. Another way the company can eliminate racism is by blending different cultures into the company that will provide knowledge about other cultures. Sexual harassment is a dire case that can lead to employees resigning. This discrimination is prevented by incorporation of EEO and Federal laws that protect women in workplaces. Equal Employment Opportunities place women in management positions where they will be able to exercise their rights and those of other women employees. Discrimination against age prevents expansion especially when new and young employees are self motivated, armed with advanced skills in technology and they are filled with energy to achieve their personal and career goals. Disability in the company should be recognized and measures taken to accommodate for employees with disability. Recommendation of Organizational Changes The first step into strategic planning is introduction of EEO and OHS in the company. These policies will ensure that qualified employees are pooled to contribute to company expansion and affirmative action included to give women a chance to make a difference in the Nation’s economy. Workforce diversity will foster good relationships with the government, the community and clients. Employing the Indigenous group, people with disability, women and young people will foster good interpersonal relations among employees. Mentoring and coaching the management team is very important when impacting leadership qualities to senior managers. All managers should attend this program because it will provide them with appropriate management skills that they will use to communicate with the workforce. The Federal laws should be implemented to prevent any form of discrimination that has been in the company’s culture. Sexual harassment, racism, discrimination against the disabled, the youth and women will be eliminated when these laws are incorporated into the company policies. Benefits of Implementing Organizational Changes EEO and OHS policies will ensure that both men and women get equal opportunities to improve their lives and help the company achieve key objectives. Elimination of discrimination in employment and occupation with Federal laws motivates employees and creates lasting bonds that promote company interests. Workforce diversity means that many people from different backgrounds unite to achieve a common goal while learning other cultures. Management training helps leaders in the company to practice and acquire appropriate communication techniques that will make service production faster and successful. Conclusion Gee We R Big Building Enterprises Pty Ltd is a construction company that has been in the industry for seven years with a total number of 95 employees. The company wants to expand its operations to Brisbane metropolitan area but it has to resolve concerns raised by the Human Resource management, former employees and current employees. The company wants to eliminate discrimination against women, the youth, disabled people, Aboriginal people and Torres Strait Islander. When it implements the EEO, OHS and the Federal laws, the culture of the company will change to accommodate new employees, new policies and increase profits to fund its expansion. REFERNCES Australian Human Rights Commission 2011, Equal Employment Opportunities, Retrieved on 11th July 2011, from Australian Human Rights Commission 2011, Discrimination in Employment and Occupation, Retrieved on 11th July 2011, from Australian Human Rights Commission 2011, Guide to Australian anti-discrimination laws, Retrieved 11th July 2011, from Disabled World 2009, Disability Discrimination and Employment Issues Australia, Retrieved 11th July 2011, from www.disabled-world.com/disability/australia/employment-issues.php Diversity Council Australia. 2011, ‘Diversity Matters’. Australian Journal Issue 71. Johnstone, R, 2010. ‘National Research Centre for OHS Regulation’. The Australian National University Press, Canberra, pp. 1-20. Schreiber, U, 2007. ‘Equity and Diversity and Strategic Plan 2007-2010’. Journal of Australian Research on Employment and Occupation Discrimination, pp. 3-18 Strachan, G, Burgess, J & Henderson L, 2010. ‘Equal Employment Opportunity Legislation and Policies: the Australian Experience.’ Journal of Australian Equal Employment Opportunity, pp. 1-17. Read More