Equal Opportunity, Discrimination and Diversity
Overview
Our clients have a range of approaches to equal opportunity and diversity in their businesses. Some consider equal opportunity laws as a matter of risk management and compliance; others regard diversity as a proactive opportunity to obtain a competitive advantage.
Freehills has extensive experience with organisations at all levels of this continuum.
Equal opportunity for compliance and risk management
Federal and state legislation prohibits discrimination, harassment and victimisation in employment and in providing goods, services, education and accommodation. In the past decade, equal opportunity has become a key priority for business. With sexual harassment and discrimination claims and awards of damages on the rise, there are important consequences for organisations which breach equal opportunity legislation. Equal opportunity affects many aspects of day-to-day business. An employer can be liable for the unlawful conduct of its employees, contractors and agents unless it can show it took reasonable precautions or steps to prevent unlawful conduct occurring. Such precautions include:
With the changing demographics of the workforce and the battle to get and retain talent, progressive companies do not regard equal opportunity as simply a matter of compliance: they are setting themselves objectives to achieve a diverse workforce that will give them a competitive advantage. Their objective is to sustain a productive workforce for the long term and, often, to more closely resemble their customer base.
Our clients have a range of approaches to equal opportunity and diversity in their businesses. Some consider equal opportunity laws as a matter of risk management and compliance; others regard diversity as a proactive opportunity to obtain a competitive advantage.
Freehills has extensive experience with organisations at all levels of this continuum.
Equal opportunity for compliance and risk management
Federal and state legislation prohibits discrimination, harassment and victimisation in employment and in providing goods, services, education and accommodation. In the past decade, equal opportunity has become a key priority for business. With sexual harassment and discrimination claims and awards of damages on the rise, there are important consequences for organisations which breach equal opportunity legislation. Equal opportunity affects many aspects of day-to-day business. An employer can be liable for the unlawful conduct of its employees, contractors and agents unless it can show it took reasonable precautions or steps to prevent unlawful conduct occurring. Such precautions include:
- policy implementation
- training for all staff
- effective complaint management policies and practice
- monitoring workplace environment and culture.
With the changing demographics of the workforce and the battle to get and retain talent, progressive companies do not regard equal opportunity as simply a matter of compliance: they are setting themselves objectives to achieve a diverse workforce that will give them a competitive advantage. Their objective is to sustain a productive workforce for the long term and, often, to more closely resemble their customer base.