E.E.O. POLICY AND AFFIRMATIVE ACTION

PBACL’s EEO Commitment

At PBACL we are committed to ensuring a workplace free of discrimination and harassment. This commitment is based, in part, on the need to ensure that our company complies with equal opportunity laws. However, we are also committed to providing a pleasant working environment for all employees and encouraging good working relationships between employees.

PBACL will endeavour to ensure that in the application of all company policies, practices and procedures, no discrimination takes place and that all employees enjoy equal access to opportunities within the company. The basis of employment decisions is the individual merit of employees.

PBACL will endeavour to ensure that no sexual, racial or other harassment occurs n the workplace. For further information about workplace harassment and its consequences, see PBACL Workplace Harassment Policy.

PBACL is committed to achieve the following EEM objectives:

To ensure that all employees are treated fairly;
To fully utilise and develop the potential of every employee;
To keep all policies and procedures consistent with EEO principles;
To augment employees morale and motivation by increasing staff confidence in that fairness of our human resource practices and access to employment opportunities
To ensure achievement of our objectives through our EEO/affirmative action program which includes the training of all staff on EEO and related issues; and
To ensure that all students are treated fairly

AFFIRMATIVE ACTION

In line with the requirement of the Affirmative Action (equal Employment Opportunity for Women) Act 1986, Affirmative action is a mean of ensuring EEO for women, as it is aimed at the removal of barriers to women achieving equality in the workplace. Much of the discrimination against women which currently takes place is the result of past discriminatory practices, policies and attitudes which have become entrenched. The aim id affirmative action is to review policies and procedures to ensure that they do not result in the unfair treatment of women. This will enable each women within the organisation to achieve her full potential.

PBACL recognises that affirmative action is good business sense, as it has benefits for the whole organisation. For this reason, affirmative action has now been incorporated into the company’s overall Business Plan.

Affirmative action does not discriminate against men in anyway, and does not mean that women will be favoured. It is based on the merit principle. There is no quota system in the Australian concept of affirmative action.

The aims of PBACL are

To recognise barriers within the workplace which have prevented EEO for women;
To encourage women to enter non-traditional jobs;
To increase the number of women in management
To assist employees find a balance between work and family life

Overall responsibility for affirmative action at PBACL lies with Executive Officer.

Consequences of Discrimination and Harassment

Employees Clients and Trainees are expected to comply with company policy and refrain from engaging in any discriminatory or harassing behaviour. Discrimination and harassment will not be tolerated at PBACL. Where instances of discrimination or harassment occur, they will be investigated in a confidential manner. If proved, the person responsible will be disciplined. In serious cases, this may involve dismissal from the relevant course, or termination of NEIS Contract.

PBACL ha sin place Grievance Handling Policy which details the action employees can take if they feel that they have been discriminated against or harassed. If a complaint is to be lodged it is to be made through the Executives Officer or Chairman.

Workplace Harassment

At PBACL we value the diversity of our workforce and respect the differences between employees, recognising that each person has individual talents and skills to bring to their job. At PBACL we believe that all employees are entitled to work in an environment in which they can work and their relationships with their colleagues, free from unwanted harassment of any kind.

It is against company policy and a breach of equal opportunity laws to harass an employee/student because of their sex, race, pregnancy, marital status, disability, age, or homosexuality. Harassment will also occur if it is based on a perception that a person has one of those attributes, even if they don’t, in fact, have that attribute.

Harassment will not be tolerated at PBACL. If, after an investigation by a company officer, it is found that harassment, has taken place, the person responsible will be disciplined. In serious cases of harassment, dismissal may be the result. Serious cases of harassment involving assault may also constitute a crime.

Workplace harassment is also against the company’s Occupational Health and Safety Policy, as it creates an unsafe workplace environment.

What is Harassment

Harassment is any behaviour which is unwelcome and is based on a person’s sex, pregnancy, marital status, race, disability, age or homosexuality.

Harassment will usually be repeated behaviour, but can also consist of a single act.

Harassment has the effect of offending, humiliating or intimidating the person at who it is directed. It makes the work environment unpleasant and sometimes even hostile. If a person is being harassed then their ability to do their work is affected. They often become stressed and suffer health problems as a result.

Harassment can often be the result of behaviour which is not intended to offend or harm, such as jokes or unwanted attention. The fact that harassment is not intended does not mean that it is not unlawful. The differences between people should be acknowledged and respected- never ridiculed.

Harassment often involves an abuse of power, for example, a manager may harass a person whom they are supervising. Abuse of power can also happen when certain groups are in a minority in the workplace and are therefore in a vulnerable position, for example, women or people from non-English speaking backgrounds.

Types of Harassment

There are many types of harassment. These can range from direct forms, such as abuse, threats, name calling and sexual advances; to less direct forms such as where a hostile work environment is created, but no direct attacks are made on an individual.

Examples of verbal harassment:

Sexual comments, advances or propositions;
Lewd jokes or innuendos;
Racist comments or jokes;
Spreading rumours;
Comments, jokes about a person’s disability, pregnancy, sexuality, age, religion, etc;
Repeated questions about personal life;
Belittling someone’s work or contribution in a meeting;
Threats, insults, or abuse;
Repeated unwelcome invitations;
Offensive obscene language; and
Obscene telephone calls, unsolicited letters, faxes, E-mail.

Examples of non-verbal harassment:

Leering, eg, staring at a women’s breasts;
Putting offensive materials on notice boards, computer screen savers, E-mail etc;
Wolf whistling;
Nude or pornographic posters;
Displaying sexist or racist cartoons or literature;
Demoting, failing to promote, or transferring someone because they refuse requests for sexual favours;
Following someone home from work;
Standing very close to someone or unnecessarily leaning over them;
Mimicking someone with a disability;
Practical jokes which are unwelcome;
Ignoring someone, or being cold or distant with them; and
Crude hand or body gestures.

Examples of physical harassment:

Unwelcome physical contact, such as kissing, hugging, pinching, patting, touching, brushing up against a person;
Indecent or sexual assault or attempted assault;
Hitting, punching, showing, throwing objects at a person, unzipping a person’s attire.

What to do if you are harassed
If you feel that you are being harassed, tell the person to stop, that their behaviour is unacceptable and that they must not do it again. It is important to say these things to the harasser as they might interpret silence as a tacit consent. If, however, you are too frightened or embarrassed to say anything, this does not mean that your complaint will not be taken seriously.

If the behaviour does not stop, or even if it does stop but you wish to report it, tell your manager or supervisor. Alternatively, if you have a grievance, you may wish to contact the Executive Officer who will tell you what your options are.

It is a good idea to make an written note of any harassment, including details of dates, times, witnesses, what happened. This will enable appropriate action to be taken.

You can also get advice from your union, or a government agency such as the Human Rights and Equal Opportunity Commission, or the Anti- Discrimination Board.

What will PBACL do

It is PBACL’s legal responsibility to ensure that harassment does not happen in the workplace. If it does occur, complaints of harassment will be taken seriously by the company. The complaint will be investigated in a sympathetic, fair and confidential manner. Action will be taken to make sure that the harassment is found to have occurred.

Responsibilities of Managers and Supervisors

It is part of the role of Managers, Supervisors and Trainers to ensure that harassment does nor occur in the workplace, Managers, Supervisors and Trainers must ensure that they do not engage in harassing behaviour themselves - either of their employees, other Managers, Supervisors, Trainees or clients.

When Managers observe harassment happenings in the workplace, they should take steps to stop it and warn the other person involved of the consequences if the offending behaviour continues.

Managers, Supervisors and Trainers are also responsible for ensuring that all staff are aware that harassment will not be allowed in the workplace and that complaints will be dealt with in accordance with the terms of PBACL’s Grievance Handling.

If you tell a manager or supervisor about harassment, he/she is obligated to make sure that confidentiality is maintained.

If the Manager or Supervisor feels that he or she is not the appropriate person to be dealing with a complaint, he or she will refer the matter to a Grievance Contact Officer or the Complaints Officer who will be sent to assist you.

Responsibilities of Employees

Employees are legally obligated to ensure that they do not harass other employees, managers, supervisors, trainees or clients of PBACL. Employees must also ensure that they do not encourage harassment.

If you become aware of someone you work with is being harassed, you can assist him or her in a number of ways. Tell them that you are willing to act as a witness if they decide to make a complaint, back them up or support them saying “no” to the harasser. However, it is not your responsibly to say anything to the alleged harasser. Remember that if you spread rumours about anyone, you may be subject to a defamation action.