Managing Workplace Diversity

1
Chapter 3

• Managing Workplace Diversity

2
Objectives

• Appreciate the diversity of the Australian
  workforce
• Explain the nature of discrimination and
  disadvantage in the workforce
• List those groups that are regarded as being
  disadvantaged in the Australian workforce
• Explain the nature of institutionalised
  disadvantage
• Outline the trends and developments in the gender
  pay gap in Australia
• Explain the principle of equal pay for work of
  equal value
• List the elements of anti-discrimination
  legislation in Australia
• Explain how anti-discrimination claims are lodged
  and assessed

3
Objectives (contd)

• Explain the reasons behind, and operation of,
  equal employment opportunity (EEO) legislation in
  Australia
• List what information is required when an
  organisation lodges an EEO report
• Explain what is meant by family-friendly
  workplace policies
• List some policies regarded as family friendly
• Explain the nature of, and rationale behind,
  workplace diversity management programs
• Critically discuss the business case for
  family-friendly and workforce diversity
  management policies
• Discuss the extent to which anti-discrimination,
  equal opportunity and diversity management
  programs have been incorporated into the
  industrial relations agenda.

4
The Diversity of the Australian Workforce

• Diversity in terms of personal characteristics
  such as
• gender
• age
• ethnicity
• sexuality
• religion
• disability

5
Longer Term Developments in the Profile of the
Australian Workforce

• Growing female employment share
• Shifting composition of immigrants from Europe to
  Asia and the Pacific
• Shift away from Christian religious affiliation
• Ageing of the workforce and population

6
Why is Workforce Diversity Important?

• Fundamental human rights need to be protected
• Access to paid work and careers differs across
  different groups
• Workplaces need to accommodate diversity
• Legislative requirements anti-discrimination

7
Discrimination and Disadvantage in the Workforce

• Discrimination
• systematic acts of depriving a particular group
  equal treatment (e.g. hiring pay rates
  promotion access)
• direct and indirect forms of discrimination
• Disadvantage
• the poorer labour market outcomes and conditions
  assigned to particular groups as compared to
  other groups

8
Disadvantaged Groups in the Australian Workforce

• Women
• Migrants from non-English-speaking background
• Indigenous Australians
• The disabled
• Youth

9
Forms of Workforce Disadvantage Relative to the
Average

• Higher rates of unemployment
• Lower rates of labour force participation
• High workforce turnover
• Low paying jobs
• Limited access to careers and training
• High rates of insecure employment e.g. casual jobs

10
Institutionalised Discrimination in Australia

• A history of legally mandated differences in pay
  rates by
• Age
• Gender
• Race

11
Gender Pay Equity

• Institutionalised gender pay discrimination prior
  to 1969
• Equal pay principle 1969
• Equal pay for work of equal value 1972
• Persistence of gender pay gap
• Occupational gender segregation
• Limitations of enterprise bargaining in closing
  the gender pay gap

12
Anti Discrimination Legislation

• Forms of discrimination that are prohibited
• Role of Human Rights and Equal Opportunity
  Commission
• Vicarious liability for discrimination
• Limitations of the legislation
• Links between anti discrimination provisions and
  awards/agreements

13
Elements of an Anti Discrimination Program at the
Workplace

• Developing a written anti discrimination policy
• Removing offensive materials
• Prohibiting inappropriate use of the Internet
• Providing training for all managers
• Including anti-discrimination in the induction
  programs for all new employees
• Ensuring that anti-discrimination and harassment
  procedures are in place, understood and operable

14
Equal Opportunity Legislation

• The premise of the legislation
• The targeted group
• Application of legislation
• Aims of the legislation
• Differences between anti discrimination and
  affirmative action legislation

15
Elements of a Workplace EEO Program

• Preparing a workplace profile
• Analysing the challenges facing women in the
  workplace
• Identifying priority issues to be addressed
  within the organisation
• Developing a plan to tackle these issues
• Evaluating the effectiveness of the identified
  programs

16
What Has Been Included in Workplace EEO Programs

• Included
• promotion opportunities are available to all
  employment categories
• interview panels trained in EEO awareness
• permanent part-time work
• Not included
• reducing the remuneration gap between men and
  women
• child care assistance
• paid maternity leave

17
Limitations to EEO

• It only applies to large organisations
  effectively, the majority of female employees
  (around 60) are not covered by the legislation.
• It is a voluntarist regime that is not
  enforceable
• The reports are not audited there is no process
  of independent verification.
• It is a management-centred program, assuming
  delivery through human resource programs
• Many women employees, especially casuals and part
  time workers, are usually excluded from training
  and development programs, career progression and
  leave arrangements.

18
Work and Family Programs

• These terms cover arrangements that assist
  workers combine work and domestic care activities
  and other family responsibilities. The focus is
  on organising employment arrangements and
  conditions that support caring responsibilities
  within the family.
• This includes childcare, the care of elderly
  relatives and other domestic duties including
  shopping, sporting activities and home
  maintenance. The responsibilities may be planned
  and regular (for example, taking children to and
  from school) through to the unexpected
  (supporting an ill member of the family).
• Family-friendly arrangements provide workers with
  the opportunity to meet expected and unexpected
  family duties. (Burgess and Strachan, 2005)

19
Work and Family Policies

• Why have them?
• Examples - leave part-time work job share
  maternity leave - explain
• Access and take-up the position of casuals
• Limited inclusion in agreements

20
Extent of Work and Family Programs in Australia

• Campbell and Charlesworth (2004) made a number of
  conclusions
• Family-friendly benefits are provided through a
  framework of different methods.
• Most family-friendly benefits provided at the
  level of the organisation are available only to a
  minority of employees. It is generally higher
  paid and skilled employees who can access
  conditions such as paid maternity leave and
  flexi-time arrangements.
• Casual employment represents a significant gap in
  the eligibility of family-friendly benefits.
  Casuals are excluded from most employment rights
  and benefits, and as such have no access to paid
  leave entitlements.
• There are substantial difficulties in benefit
  take-up. There may be problems with accessing
  benefits due to ignorance about entitlement,
  managerial opposition or pressure from managers
  and co-workers to stay on the job.

21
Work and Family Test Case 2005

• The right to request up to 24 months unpaid
  parental leave after the birth of a child
• The right of employees to request part-time work
  on their return to work from parental leave and
  before their children attend school
• A personal leave entitlement of up to 10 days per
  year for the purposes of caring
• A right to take up to 2 days unpaid leave for
  dealing with family emergencies

22
Workplace Agreements and Family Friendly
Arrangements

• Limitations on individual agreement making
  evidence from Australian Workplace Agreements
• Legislated minimum conditions 2009
• maximum weekly hours at 38 hours per week
• employees have a right to request flexible
  working arrangements if they have a child who is
  below school age
• up to 12 months unpaid parental leave
• four weeks paid annual leave
• 10 days of personal/carers leave
• a right of absence from work on declared public
  holidays
• prescribed community service leave

23
Managing Diversity (MD) at the Workplace

• What is managing diversity?
• What is the relationship between MD, EEO and
  affirmative action?
• The business case for MD?
• MD in practice
• Limitations of a MD approach

24
Industrial Relations, Anti Discrimination, EEO,
Family Friendly Arrangements MD

• Anti-discrimination legislation underpins awards
  and agreements
• EEO only applies to organisations with over 100
  employees
• MD is embodied in organisation HRM policies
• Work and family policies recognise diversity and
  contribute to EEO objectives
• Minimum conditions included in 2009 IR
  legislation
• Limited evidence that industrial agreements are
  family friendly or codify EEO programs