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Workplace Discrimination And Harassment



A


ustralian Federal and            Under Australian state and        
State legislation states        federal legislation unlawful      
unlawful discrimination         harassment can occur when a       
occurs when a group of people,        person humiliated because of      
individuals are treated less          their race, or intimidated and    
favourably than any other person      insulted because of there colour, 
or group of people because of         ethnicity, or any other specified 
their ethnicity, race, colour,        characteristic under              
sex, marital status, age or           anti-discrimination or human      
disability, religion and sexual       rights legislation.               
reference, whether your a member                                        
of a trade union and any other        Workplace harassment can include  
characteristic specified under        behaviour such as:                
anti-discrimination or human                                            
rights legislation.                   · Mailing or submitting sexually  
                                      explicit or suggestive letters,   
Workplace discrimination and          notes or emails.                  
harassment can occur in:              · The making of derogatory taunts 
                                      or comments about a persons       
· Employment and selection of         religion or race. telling         
staff.                                insulting The making of jokes     
· Training and type of training       about particular racial groups.   
being offered.                        · Nude or pornographic posters    
· Being considered for a              displayed.                        
transfer, promotion or sacking.       · The asking of questions about a 
· Work place conditions.              persons sex life or personal      
                                      life.                             
What is defined as unlawful                                             
harassment?                           The nature of harassment and or   
                                      discrimination.                   



                                                                        
No matter the seriousness of an       Hostile working environment       
incident, whether it be a one-off                                       
or prolonged and long termed, it      As an employer you will also need 
will still be judged as               to be aware of your               
harassment or discrimination. If      responsibilities in making the    
left unchecked the continued          work environment a safe place     
harassment will erode the drive       from a culture of sexual or       
and ability of the individual or      racial harassment. Both are       
group to eventually effect the        deemed as HOSTILE. An example of  
overall performance of their work     a potential hostile working       
performance.                          environment would include the     
                                      display of nude or pornographic   
However the absence of any formal     material, swearing and crude      
or verbal complaints is not           conversations, racially or sex    
necessarily any indication that       specific jokes.                   
harassment or discrimination is                                         
not occurring. In a lot of cases      What can not be classed as        
the person or group being             harassment or discrimination.     
harassed or discriminated against                                       
will not complain or report the       However it must be remembered     
incident in the belief that they      that comments and advice given by 
will be deemed as wingers or the      supervisors, work colleagues and  
incident is too trivial. In most      managers on the work performance  
cases the victim of the workplace     or work related behaviour of an   
harassment or discrimination is       individual or group should not be 
lacking confidence in their own       confused with workplace           
ability and has fear of               harassment or discrimination.     
retribution or even worse, being                                        
dismissed.                            Feedback during normal            



performance appraisals and work                                         
performance meetings will always      Bullies will use their status or  
be deemed as stressful and will       power of position in a company or 
in some cases effect the well         business to target both men and   
being of the person or group          women with their bullying         
being appraised. However,             practices. Bullying behaviour can 
managers and supervisors should       range from obvious verbal or      
always keep these concerns in         physical assault to very subtle   
mind and perform any necessary        psychological abuse.              
appraisal with sensitivity                                              
without avoiding the need to          This behaviour would include:     
provide full and frank feedback                                         
to their staff.                       · Psychological harassment. (mind 
                                      games)                            
What is workplace bullying?           · Excluding or isolating targeted 
                                      employees.                        
Sourced the from ACTUQ/QCCI/Qld       · Assigning impossible tasks or   
Govt Dept of Workplace Health and     jobs to targeted employees.       
Safety , they claim that              · Physical or verbal abuse.       
workplace bullying is "the            · Inconvenience selected          
repeated less favourable              employees by deliberately changed 
treatment of a person by another      work rosters and shifts.          
or others in the workplace, which     · Yell and scream offensive       
may be considered unreasonable        language.                         
and inappropriate workplace           · Intimidation                    
practice. It includes behaviour       · Undermine work performance      
that intimidates, offends,            deliberately by withholding vital 
degrades or humiliates a worker".     job information.                  




About the Author:

Steve Szasz - Webmaster and author. View more of his legal and law related articles at Workplace Discrimination | Harassment and Bullying.


Read more articles by: Steve Szasz

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