Diversity Legislation and Policies in Australia - Example

Diversity legislation and policies in Australia Name: Tutor: Course: Date: Abstract Managing diversity is the current paradigm that faces today’s society in an individual and organizational perspective. Defined as a continuous process implemented by institutions, such as schools, businesses, companies and the community, in an attempt to appreciate the differences in the talent, race and abilities in which different individuals bring into the society or the institutions. Such inclusion objectives are geared towards the appreciation and maximum utilization of the different abilities in people for the benefit of the entire society (Rosado 2006 p.1). Enhanced business practices and equity can only be achieved if institutions recognize the differences in people through the creation of laws and policies that guide them in managing diversity. This paper will provide an Australian perspective into diversity management. The paper will focus on the different legislative and policy structures that have been instituted in the country and particularly in the organizational level. To achieve this analysis the paper will describe the genesis of diversity management in the country; analyze the different legislations and policies in the country structured to achieve equity and provide analysis of the successes and drawback of the legislations and policies. Introduction Australia has numerous laws in place to guard the marginalized groups against intentional and non-intentional discrimination in the public arena and especially at the workstations. The marginalized members of any community are the women, the disabled, aging employees and persons with unique sexual orientations not to mention people from different races. The laws are institutionalized in various organizational operations to ensure that all equity and anti discrimination policies are enshrined in the organization. It is a common feature to find organizations assert that cultural diversity is their main goal and strength in a bid to attract additional financing and attract favors into their organizations. Diversity management thus is crucial in the success of any institution and especially at the organizational levels. Organizations are commonly used as a representation of the nation as they provide the platforms of equality through equal employment opportunities. The use of organizations as success benchmarks produces variable results even with legislative and policy guidelines of diversity management (Burgess, 2007, p. 29). Literature review Diversity is a concept that draws numerous definitions dependant on the origins of the author. It is, however, a concept greatly related to the United States that has long been known for racial discrimination. The American context of diversity is highly associated with demographic and legislative dimensions; the greatest emphasis being that discrimination and equality concepts are not transferable within the workplace setting Kirton & Greene, (2005, p.140). According to Strachan, et al (2004, p. 19), the Australian context is largely similar to that of the American’s, where diversity management policies are dependent on legislation and demographic parameters. The Australian context also acclaims that managing diversity is an organizational concept that is largely associated with the larger organizations that have the capacity to employ a large number of employees and thus a greater chance of being prone to discrimination. The large organizations are aware of this vulnerability and thus have put in place programs through their human resource department to ensure that operations are within the national context, policies and legislation. Diverse programs are established the only limitation being to be within the national laws. This aspect of diversity defines diversity as an emerging concept that businesses can successfully exploit to achieve overall organizational goals (Strachan, et al, 2008, p. 101). This is achieved when all employees perform at their best and full potential. The works by Kirton and Greene review the trends in diversity and have come up with the common features of diversity as age, linguistic, gender, race, sexual orientation, religion and physical disabilities. These features can then be further categorized depending whether it’s the labour market or the organizational dimensions that are being examined. Legislation for the overall labor market is largely focused on sex and race while organizational policies are centred on age, disability, sexual orientation and religion in addition to those features. Australia has various legislations and policies in place to guide the nation both at the national and organizational levels (Strachan, et al 2004, p. 105). The Edith Cowan university publication identifies the legislations and policies that are aimed at managing diversity in the country (ECU, 2011, p.1). Overview of legislation and policies The Age discrimination Act of 2004 was aimed at ensuring that age was not used as the basis of obtaining favors in the public settings considered crucial to one’s life. The areas mentioned in the act include, employment, trade, education and administration of law. This law has exemptions that allow for some degree of discrimination if the person’s age deters the effective performance of the tasks associated with the job. The act provides other exemptions in such fields as insurance, specific health programs, migration, superannuation and social security laws. The Act also allows for privileges in the form of benefits to be allocated to individuals disadvantages at the workplace due to age. This according to the law is termed as positive discrimination (ECU, 2011, p.1). The Equal opportunity for Women in the workplace was enacted in 1999. The main objective being, to ensure equal opportunities for the women in the work stations where women issues on promotion and recruitment, are dealt with based on merit. It was also aimed at fostering discussions at the workplace concerning women representation and recruitment in the organization (ECU, 2011, p.2). The disability discrimination act which was enacted in 1992. The aim of the act was the elimination of discrimination based on a person’s physical ability, promotion of community-based appreciation of persons with disability by promoting the principle that they too had rights equal as those of the other members of the community. The act was also enforced to ensure that persons with disability received equal and practical representation in all litigation procedures. (ECU, 2011, p.2). The disability standard for education was enacted in 2005 as an addition to the already established law on disability in 1992. The object being aimed at institutions and educators to ensure that equal opportunity to study in the institutions is provided to persons with disability. (ECU, 2011, p.2). The Human Rights and Equal opportunity Commission Act enacted in 1986. This administrative body is responsible for global instruments endorsed by the Australian government. The commission has varied administrator among them the social justice administrator who is charged with the responsibility of ensuring that the nationals enjoy all rights accorded to them by the law while the sex discrimination administrator is charged with the responsibility of ensuring that pays and promotions are equitable in the workplaces regardless of gender. (ECU, 201, p.2). The Sex Discrimination ACT of 1984 targeted equal treatment of women. It was aimed at the elimination of discrimination based on marital status, pregnancy and family roles. The act also advocates for the elimination of work place related sexual harassment especially in education facilities, trade practices and in the execution of commonwealth policies and programs (ECU, 2011, p.2). The racial discrimination Act which came into effect in 1975 was aimed at eliminating all forms of discrimination based on race, skin pigmentation, language or country of origin. Thus, it was enacted for two purposes, equality in litigation procedures and totally making racial discrimination unlawful in the country (ECU, 2011, p.2). Policy formulation is a product of organizational and industrial interventions of managing diversity. This is unlike legislation that is enacted at national level and made compulsory to all individuals and organizations operating within Australia. The equal pay policy is a result of industrial actions in the 1970’s. Until the enactment of the policy women employees received less pay for similar work as compared to the male counterparts. Industrial actions engineered by female activists who pushed for parity in the payment of work that demanded equal qualification and energy (Burgess, 2005, p. 27). The work and family policies were presented in the country’s labor industries in the 1990’s. This policy sought to include the social aspects of employees into the employment scenario. Other terms associated with this policy are the work-life balance policies that go to show that this policy covers more than just the work-family balance but also includes the social aspects of all individuals including the men. The policy is aimed at achieving an ideal family friendly organization in which there exists a balance between care for the society and the workplace experience. An ideal situation remain impracticable as a greater amount of care for the community is provided by the woman thus organization should come up with policies that give the woman the opportunity to give care to the community and especially the family in the form of leaves. The leaves should not interfere with the work security or promotion opportunities for the women. Managing diversity policies a concept integrated into the Australian labour market from the United States. Personal attributes that bring about diversity should be included in the organization in addition to power disparity. This policy in an organization leads to intergroup interactions (Prasad, Pringle & Konrad, 2006, p. 8). The origin of managing diversity legislation and policies in Australia Managing diversity policies in an organization are established as a means of public relations. The success of organizations is dependent on its image. The Australian organizations are thus seen to inculcate diversity management policies for purposes of achieving the major goals in their organizations. The Australian work environment is in constant change. The woman aspect was originally absent but today’s environment is marked by an increasing number of female activists who advocate for increased female participation in the work places. Policies that address diversity in the organization enable them to have legislative foundations in the development of organizational programs aimed at employee attraction and retention of the best talent. An example of such policies would be the family-social policies (Sappey, 2006, p. 67). The Australian context on diversity management is centered on economic, demographic and social paradigms (Kriton & Greene, 2005, p. 234). According to the EOWA report on equal employment opportunities and managing diversity, organizations are exploiting the legislations and putting up diversity policies as a strategic move. The organizations’ major goals being to attract and retain the best talent in the women and the foreigners in a market with shortages of skilled labor (EOWA, 2008, p.1). Legislation on workplace disparity provides a compulsory means of ensuring that the nation does not suffer from discrimination and disparities. The current status of diversity management legislation, both federal and state, stands at twelve. Australian legislation makes discrimination unlawful and provides remedy to victims who suffer discrimination within the organization or in court proceedings. The twelve laws are largely grouped into affirmative action legislation and anti discrimination legislation. The legislation could also be grouped into private sector and public sector legislation. Private sector legislation focuses of female discrimination while the public sector legislation focuses on the other basis for discrimination such as disability, race, religion and sexual orientation (Ronald’s & Peppers, 2004, p. 57). Anti-discrimination laws This category of legislation puts forward the all individuals should be accorded rights that would be used to guard against discrimination. The violation of the rights constitutes discrimination. This class of legislation accords individuals the right in order to guard against power differences but does deter the existing relationship between the worker and the employer. The rights accorded to individual members of the community are well known thus allowing organizations to establish programs that do not violate the rights accorded to the individuals. Intervention through court proceedings have been presented to the Australian courts. Litigation looks into the nature of the individual as the baseline of determining discrimination and as the basis of awarding remedy to the aggrieved party (Ronald’s & Peppers, 2004, p.60). Affirmative action Presently known as equal opportunity laws. This category of legislation seeks to encourage individuals to analyse forms of discrimination in institutional structures as the initial stage of establishing appropriate remedies to identified forms of discrimination. The approach is based on two perspectives, the feminism perspective and that of social justice. Feminist’s perspective acknowledges that women differ from the men. As a result, the radical versions to this approach put forward the institution of laws that are novel to the woman thus not having the woman adapt to employment laws modeled for men. Other versions of the same approach h recommend the creation of laws that punish those advantaged by traditional discriminatory structures (French, 2005, p. 40). In the Australian context, the lenient and liberal version of affirmative action is used. Merit has been stated as the main consideration to be used by organization in the advancement of employment opportunities and career development in the organization. The legislation in place in the country gives the organizations the liberty to choose the structure of their policies and programs in an endeavor to ensure equal opportunities (French, 2005, p. 40). This kind of liberty in Australian institutions has resulted to the increase of female presentations in all levels of management. Success of legislations and policies in Australia Organizational success in enacting diversity related laws and policies are driven by the need to achieve other organizational objectives (EOWA, 2008, p.1). The inclusion of these laws into the organizations’ strategies is aimed at attracting the best in the labor market. Most organizations have statements of adherence to diversity legislation but discrimination cases are still evident (Burgess, 2007, p. 56). The most affected being the women who face constant discrimination in family and equal promotion concerns. The existence of family programs in the organizations as mere statement does not guarantee the woman redress in issues of discrimination. The organizations have other means of attracting and retaining their employees in the constrained labor market. The equal opportunity for women in the work place (EOWA) is the body charged with the responsibility of awarding and recognizing organizations that put in place work agreements that are in line with diversity legislation and organizational objectives to the same. The body also provides organizations with guidelines on best practice. The presence of the organization is seen as the driving force for large organizations to follow laws and institute the policies as it has an ability to tarnish the image of the organizations. Few cases are however, forwarded to the organization due to the presence of other reward programs that hinder such reports. Conclusion The success of discrimination laws and diversity policies in organizations is far, in the Australian context, from reaching an ideal point. Successful equality management will only be achieved if individual public and private systems formulate and implement unique programs to curb the vice. A single model of legislature provides loopholes that the systems and especially the organizations can exploit (Kirton & Greene, 2005, p. 420). Organizations in the country demonstrate an understanding of the policies and laws. But such are disconnected from the other forms of employment bargains that are often attractive to cause much unrest in the organizations (Burgess, 2007, p. 94). Australia needs frameworks that would facilitate equality and full appreciation of diversity as measures of managing diversity and inclusion as opposed to exclusion of the marginalized members of the community (Burgess, 2007, p. 415). References Burgess, J., & Strachan, G., 2005. “Integrating Work and Family Responsibilities: Policies for Lifting women’s labor activity rates,” Just Policy, no. 35. Burgess, J., Henderson, L., & Strachan, G., 2007. Work and Family Balance through Equal Employment Opportunity Programs and Agreement Making in Australia. Employee Relations, 29, 4, 415-431. ECU (Edith Cowan University)., 2011. Equity: Policies and legislation. Retrieved from http://www.ecu.edu.au/service-centres/PQESC/equity/policies.htm#ep EOWA (Equal Opportunity for Women in the Workplace Agency)., 2007. Important Reporting Update”, retrieved from http://www.eeo.gov.au/Reporting_And_Compliance_LandingPage.asp French, E., 2005. “Strategic change has an integral role in effective equity management: No one size fits all model”, Strategic Change Journal, vol. 14, no.1. Kirton, G., & Greene, A. (2005). The Dynamics of Managing Diversity: A Critical Approach. 2nd edn. London: Elsevier. OECD., (2002). Babies and Bosses: Reconciling Work and Family Life (Vol. 1): Australia, Denmark, The Netherlands, OECD, Paris. Prasad, P., Konrad, A., & Pringle, J. K. (2008). Handbook of Workplace Diversity. London: Sage. Ronald’s, C., & Pepper, R., 2004. Discrimination law and practice. New York: Federation press. Rosado, C., 2006. What do you mean by “managing diversity”? Ed. Change and the multicultural Pavilion. Retrieved from http://www.EdChange.org/multicultural Sappey, R., Burgess, J., Lyons, M., & Buultjens, J., (2006). Industrial Relations in Australia. Pearson Education. Sydney: Cengage Learning. Strachan, G., Burgess, J. & Sullivan, A., 2004. “Affirmative Action or Managing Diversity – What is the Future of Equal Opportunity Policies in Organisations”, Women in Management Review, 19, 4, 196-204., Strachan, G., French, E., & Burgess, J. (2008). Managing Diversity in Australia: Theory and Practice. Sydney: McGraw Hill. Read More