Discrimination occurs when someone is treated unfavourably because of one of his or her personal characteristics including, but not confined to, the following areas:
Gender; Pregnancy; Age; Disability; Physical characteristic; Parental status; Religion; Social status; Sexual preference; Political belief and activity; Trade union activity; Marital status; Race; Irrelevant criminal record; and HIV/AIDS status.
Discrimination may involve, but is not confined to, the following: ‘Jokes’ or comments about another employee or volunteer’s ethnic background, gender, sexual preference, age, disability or physical appearance; Displaying pictures or posters which are offensive or derogatory, expressing negative stereotypes of particular groups; Judging someone on their beliefs, origins, appearance and gender, rather than their work performance; and Undermining a person’s authority or work performance because you dislike one or some of their personal characteristics.
Harassment is any unwanted, unwelcome or uninvited behaviour, which makes a person feel humiliated, intimidated or offended. For example, bullying or offensive verbal comments. Harassment can occur face-to-face, via social media, via telephone or over the email.
Sexual Harassment is a legally recognised form of discrimination. Sexual harassment of an employee or by a fellow employee, regardless of when or where it occurs, is illegal and not acceptable.
Acts of sexual harassment can take many different forms, including but not confined to:
o Unwanted physical contact such as kissing, patting, touching, grabbing;
o Sexual propositions;
o Sexual intercourse under threat of loss of employment;
o Unwelcome remarks or insinuations about a person’s sex or private life;
o Suggestive comments about a person’s appearance or body;
o Sexually explicit conversations;
o Sexual or smutty jokes;
o Inferences to sexual morality i.e. prude, tart, slut;
o Offensive telephone calls or emails;
o Offensive messages via social media channels such as Twitter and Facebook;
o Gender-based insults or taunting;
o Being followed home from work or repeated requests for dates or drinks particularly after prior refusal;
o Offensive hand or body gestures; and
o Offensive, humiliating or intimidating displays of sexually graphic material
including posters, pictures, cartoons, graffiti or messages left on boards, desks or lockers.
Behaviour that constitutes sexual harassment is illegal in any work related context –
including Christmas parties and other work-related functions – and will be subject to
Hay Inc will:
Do all that is reasonable to prevent discrimination and harassment from occurring at
the workplace or work related environment; Treat all employees on their merits without regard to race, age, sex, marital status, sexual preference, disability, religion or political conviction; Investigate complaints of discrimination and harassment in the workplace professionally, confidentially and in a non-judgemental manner ensuring there is no presumption of guilt;
Provide information and support to complainants and advise on available options;
Ensure all employees, volunteers and contractors are aware of the Policy;
Not tolerate any victimisation or reprisals for making complaints;
Maintain confidentiality of all matters relating to a complaint; and
Not tolerate any misuse of this Policy.
All employees, volunteers and contractors have a responsibility to:
Report any form of discrimination or harassment observed within the workplace;
Offer support to victims by directing them to the most appropriate channel for help;
And Maintain confidentiality of all matters relating to a complaint.
Should an incident occur:
Persons who believe they have been discriminated against should contact the club
Manager/Secretary or Committee to discuss the range of options available to deal
with the matter;
There are a number of options available to employees for dealing with discrimination
ranging from dealing with the matter individually to making a formal complaint;
If the matter cannot be resolved individually between the parties, a formal written
complaint should be submitted a member of the Hay Inc Committee. In this situation, Hay Inc will follow the Complaint.
Handling and Dispute Resolution procedures;
All complaints of discrimination and vilification will be treated seriously, promptly,
confidentially and impartially;
Employees will not be disadvantaged in their employment conditions or opportunities
as a result of lodging a complaint; and
Should the internal dispute resolution procedure fail to generate an adequate
outcome, the following external channels should be explored:
o NSW Anti-Discrimination Board;
o Human Rights and Equal Opportunities Commission; and
o Equal Opportunity Commission.
Anyone who harasses or victimises a person who makes a complaint under this
Policy will face disciplinary action.
Any person who, without authorisation from Hay Inc, passes
on confidential information regarding an investigation under this Policy will face
Disciplinary action may involve a warning (verbal or written) or
suspension/termination of employment.
Serious breaches of this Policy may result in employment being terminated
immediately. This means that no warnings will be given.
All Committee members, employees, volunteers, contractors, participants and
visitors to the club should note that individuals can take legal action against
allegations of sexual harassment or discrimination under relevant state and Commonwealth legislation.