Dear Reader,

On 1 August 2011, brand new equal opportunity legislation for Victoria will come into force.

This new legislation will place increased obligations on employers to be proactive about enforcing equal opportunity law rather than simply complying with it after a complaint has been made.

So what does this mean for you?

If you are a Victorian employer, you will need to start developing strategies now to deal with the new equal opportunity act.

I’ll be sure to give you some pointers on how to go about this in future Bulletins.

You should also keep an eye out for more information about equal opportunity in the workplace in future Employment Law Practical Handbook updates.

Not yet a subscriber to the handbook? Click here to find out more about how it can benefit you and your business.

Until next time…

Claire Berry
Workplace Bulletin

And now over to our Editor-in-Chief Charles Power…

Continues below…

How to ensure sexual discrimination doesn’t occur in your workplace
By Charles Power
Editor-in-Chief, Employment Law Practical Handbook

Recently, a particular case has reiterated the need for employers to be alert about discriminatory behaviour occurring in their workplace.

In November of last year, the Queensland Anti-Discrimination Tribunal found an employer guilty of discriminating against a homosexual employee on the basis of his sexuality.

According to the employee, the employer referred to him as a “shirt-lifter” on several occasions and frequently asked him about his sexual habits.

The employer argued that the employee freely discussed his sexual preferences and that his remarks weren’t meant to offend, however the employee disputed this and claimed that the employer’s behaviour made him feel uncomfortable.

The tribunal accepted the employee’s claim, and found that the employer’s behaviour was discriminatory and the employee had deliberately been treated differently to others in the workplace because of his homosexuality.

The employer was ordered to pay the employee $2,000 in damages.

So what can you take from a case like this?

Remember that comments made in the workplace, even ones supposedly made in jest, can really offend people and also constitute discrimination.

In order to take steps to prevent this kind of behaviour occurring in your workplace, you can:

• Ensure that your workplace anti-discrimination policy outlines that discriminating against someone based on their sexual orientation is not acceptable.
• Emphasise in policies or company -wide emails or newsletters that homophobic comments or behaviour will not be tolerated in the workplace.

Regards,

Charles Power
Editor-in-Chief
Employment Law Practical Handbook