Equal employment opportunity (EEO) is when all employees are treated fairly and equally in all aspects of their jobs. This means they have equal access to employment opportunities based solely on their ability to do the job, regardless of personal attributes such as gender, race, colour or creed.
Equal employment opportunities lead to diversity in the workplace. An employer can create workplace diversity by employing people from a range of different social and ethnic backgrounds and of different genders or sexual orientations, for example. Different people have different perspectives, experience and knowledge which they can bring to their role which may enhance work practices and enrich the workplace.
Equal opportunity employment legislation in Australia
In Australia, there are various legal frameworks in place to ensure employees are not unfairly disadvantaged on account of traits such as race and ethnicity, gender, religious affiliation, age, sexual orientation, socioeconomic status, or physical and mental disability.
Equal opportunity legislation protects the right to equal opportunities in the workplace for all employees, and is aimed at preventing discrimination and sexual harassment, and promoting gender equality, amongst other things. Discrimination is to treat someone differently or (proposing) to disadvantage employees because of a personal characteristic protected by law. Anti-discrimination legislation covers both direct and indirect discrimination. Direct discrimination is when an employee is treated unfairly because of a protected characteristic. Indirect discrimination is when the employee is treated the same as everyone else, but because of their personal attributes it puts them at an unfair disadvantage.
Everyone in the workplace has rights and responsibilities under equal opportunity and anti-discrimination law to prevent discrimination, harassment, vilification or victimisation.
At a National level the Australian Human Rights Commission (AHRC) has the power to enforce federal EEO and anti-discrimination legislation. If a person believes they have been discriminated against in a manner that is prohibited by this legislation, they can lodge a complaint with the AHRC.
In Australia, there are various legal frameworks in place to ensure employees are not unfairly disadvantaged on account of traits such as race and ethnicity, gender, religious affiliation, age, sexual orientation, socioeconomic status, or physical and mental disability.
Equal opportunity legislation protects the right to equal opportunities in the workplace for all employees, and is aimed at preventing discrimination and sexual harassment, and promoting gender equality, amongst other things. Discrimination is to treat someone differently or (proposing) to disadvantage employees because of a personal characteristic protected by law. Anti-discrimination legislation covers both direct and indirect discrimination. Direct discrimination is when an employee is treated unfairly because of a protected characteristic. Indirect discrimination is when the employee is treated the same as everyone else, but because of their personal attributes it puts them at an unfair disadvantage.
Everyone in the workplace has rights and responsibilities under equal opportunity and anti-discrimination law to prevent discrimination, harassment, vilification or victimisation.
At a National level the Australian Human Rights Commission (AHRC) has the power to enforce federal EEO and anti-discrimination legislation. If a person believes they have been discriminated against in a manner that is prohibited by this legislation, they can lodge a complaint with the AHRC.
Federal legislation that covers equal opportunities and discrimination in employment includes:
- Commonwealth laws and the state or territory laws generally overlap and prohibit the same type of discrimination, however both apply, and an exception under one may not be an exception under the other.
State or territory legislation and bodies that seek to enforce EEO and prevent discrimination are:
Australian Capital Territory – Discrimination Act 1991.
Northern Territory – Anti-Discrimination Act 1996.
South Australia – Equal Opportunity Act 1984.
Tasmania – Anti-Discrimination Act 1998.
Western Australia – Equal Opportunity Act 1984.
New South Wales – Anti-Discrimination Act 1977.
Queensland – Anti-Discrimination Act 1991.
Victoria – Equal Opportunity Act 2010.
Australian Capital Territory
Discrimination Act 1991
ACT employees are governed by the anti-discrimination provisions contained in both territory and federal legislation. Under the Discrimination Act 1991, discrimination is unlawful against employees, in partnerships, against contract workers, and against commission workers. It is unlawful when determining who should be offered a contract of employment or a contract of services, and when determining the terms and conditions offered. Discriminatory conduct may occur in the workplace or at work-related events and functions, including site trips or during travel.
Northern Territory
Anti-Discrimination Act 1996
Discrimination based on race, sex, sexuality, age, marital status, pregnancy, parenthood, breastfeeding, impairment, trade union or employer association activity, religious belief, irrelevant criminal record, political opinion, affiliation or activity, irrelevant medical record, and association with a person with an above attribute. Sexual harassment is also prohibited under this Act.
New South Wales
Anti-Discrimination Act 1977
In New South Wales, the legislation that governs EEO is the Anti-Discrimination Act 1977 (NSW). This legislation prohibits discrimination, among other things, on the grounds of race, work status, gender identity and sexual orientation. Sexual harassment in the workplace is also prohibited.
South Australia
Equal Opportunity Act 1984
The purpose of the Equal Opportunity Act 1984 is to promote equality of opportunity for all South Australians. It aims to prevent discrimination against people and give them a fair chance to take part in economic and community life.
The discrimination laws also cover sexual harassment and victimisation for making a complaint about discrimination or sexual harassment or whistleblowing.
Tasmania
Anti-Discrimination Act 1998
Under the Tasmanian Anti-Discrimination Act 1988, it is discrimination when a person is treated less favourably (worse) than other people because they have a particular characteristic, such as their age, race, sex, or disability. It is also discrimination when a person is disadvantaged compared to other people because they have a particular characteristic.
Queensland
Anti-Discrimination Act 1991
EEO in the workplace and for work related matters in Queensland is protected by the Anti-Discrimination Act 1991 (Qld). This Act also prohibits discrimination relating to paid or unpaid work on grounds of qualifications, and industrial, trade, professional or business organisation membership.
Victoria
Equal Opportunity Act 2010
The Equal Opportunity Act 2010 (Vic) covers discrimination in employment, as well as sexual harassment and victimisation at work. Employers have an obligation to take reasonable measures to protect employees, job applicants and contractors as well as people who are associated with them, such as carers, friends or relatives from discrimination, (sexual) harassment, bullying or victimisation.
The above legislation makes it unlawful to discriminate on the basis of a protected personal characteristic, which means you are not allowed to discriminate against someone because of the following, for example:
- Race or skin colour.
- Sex or sexual orientation.
- Age.
- Physical or mental disability.
- Marital status.
- Family or carer’s responsibilities.
- Pregnancy.
- Religion or political opinion.
- National extraction or social origin.
Western Australia
Equal Opportunity Act 1984
The objective of the Equal Opportunity Act 1984 is to eliminate, so far as is possible, discrimination against persons on the grounds of:
- Sex.
- Marital status.
- Pregnancy.
- Family responsibility or family status.
- Race.
- Religious or political conviction.
- Impairment.
- Age or gender.
The Act further eliminates, so far as is possible, sexual harassment and racial harassment in the workplace, and in educational institutions and sexual harassment and racial harassment related to accommodation. The Act promotes recognition and acceptance within the community of the equality of men and women and promotes recognition and acceptance within the community of the equality of persons of all races, regardless of their religious or political convictions, or their impairments of age.
The benefits of equal employment opportunity
EEO and diversity in the workplace can benefit both employers and employees. It defines the culture in the workplace and sets standards and expectations within the business in relation to employer and employee interaction and opportunities for advancement.
Differing employee perspectives, experience and knowledge can enhance and improve established workplace practices. Research shows that diversity and inclusion at work can be good for business as it can lead to the following:
- Effective performance and increased productivity from employees.
- Higher employee job satisfaction and reduced staff turnover.
- Creative and innovative thinking among staff.
- Improved staff health and wellbeing.
- Lower risk of discrimination and harassment in the workplace.
Gender pay equity
Workplaces achieve gender pay equity when all employees receive equal pay for work of equal or comparable value. This means:
- Employees doing the same work (or different work of equal or comparable value) get paid the same amount.
- Pay and conditions are assessed in a non-discriminatory way- valuing skills, responsibilities and working conditions in each job.
- Organisational structures and processes provide all staff equal access to training, promotions or flexible working arrangements.
Workplace Gender Equality Act 2012
Australian private sector employers with 100 or more employees must report to the Workplace Gender Equality Agency (WGEA) on six Gender Equality Indicators each year by law.
The gender equality indicators are:
- Gender composition of the workforce.
- Gender composition of governing bodies of relevant employers.
- Equal remuneration between women and men.
- Availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities.
- Consultation with employees on issues concerning gender equality in the workplace.
- Any other matters specified by the Minister- sex-based harassment and discrimination.
Employers with over 500 employees must also meet certain minimum standards, including having a policy or strategy in certain areas, to support gender equality.
Creating fair workplaces with Peninsula
Australia has a complex legislative system that governs employment relations and workplace health and safety. It can be tricky for small businesses to navigate this system with limited support and resources. Peninsula offers tailored services and advice that answers all of your important questions effectively. We are there at every step of the way for you, helping and guiding you in your business journey. Talk to us today.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.