Hay Inc Anti-Discrimination & Harassment Policy

Introduction

Hay Inc is an equal opportunity employer with an understanding of the intent

of equal opportunity and anti-discrimination laws.

Under federal and state legislation, discrimination in employment is against the law. Hay Inc will not tolerate any form of discrimination or harassment. All employees, volunteers and contractors have the right to enjoy an environment free of discrimination and harassment.

Discrimination undermines proper working relationships and may cause low morale, stress

related illness, absenteeism or resignations. All employees at all levels are responsible for

adherence to this Policy.

Definitions

Discrimination

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

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

disciplinary action.

Procedures

  1. 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.

  1. 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.

  1. 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.

Penalties

  1. Anyone who harasses or victimises a person who makes a complaint under this

Policy will face disciplinary action.

  1. Any person who, without authorisation from Hay Inc, passes

on confidential information regarding an investigation under this Policy will face

disciplinary action.

  1. Disciplinary action may involve a warning (verbal or written) or

suspension/termination of employment.

  1. Serious breaches of this Policy may result in employment being terminated

immediately. This means that no warnings will be given.

  1. 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.