You must be unbiased and fair when employing, managing and dismissing employees. All your staff are covered by equal opportunity laws whether they are full-time, part-time, casual, contractors, on probation or volunteers.
Hiring staff
As an employer you should focus on the skills and experience you are seeking when trying to find the best person for a job.
Avoid any reference to personal characteristics – such as age, sex, religion or disability – unless they are part of the requirements of the position or you have an exemption. An outline of
exemptions in the
Equal Opportunity Act 1984 can be found on the website of the Equal Opportunity Commission (EOC).
The equal opportunity laws apply at all stages of the recruiting process:
- briefing a recruitment agency
- preparing a job description
- advertising a position
- job application forms
- conducting interviews
- checking with referees
- medical and psychological tests.
Managing staff
Employers are legally obliged to provide an equal opportunity workplace free of discrimination and harassment. You must:
- make sure dress codes are applied equally to men and women
- be tolerant of religious clothing unless there are safety issues
- take action to prevent bullying and sexual harassment
- treat pregnant women the same as other staff unless they require restricted duties for medical reasons
- give mothers returning from maternity leave their old job back or, if it no longer exists, a position of similar status
- avoid treating staff unfairly if they have a temporary or permanent disability
- make reasonable accommodation for staff with injuries or disabilities
- avoid treating staff differently because of their age
- encourage acceptance of cultural differences.
Dismissing, retrenching or retiring staff
Workers who lose their jobs have certain rights under workplace and equal opportunity laws. Employers can find themselves defending an unfair dismissal claim if they get it wrong.
Employers need a valid reason to dismiss or retrench someone. An unlawful dismissal claim can also be lodged if an employer forces or intimidates someone into resigning. Likewise, it is generally against state and federal laws to force someone to retire because of their age.
A full outline of employer responsibilities when
dismissing, retrenching or retiring staff can be found on the EOC website.
More information
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