Employers are obliged to prevent and manage discrimination, harassment, and bullying in the workplace. Discrimination in the workplace not only has a negative impact on people’s lives, it also impacts employee satisfaction and overall productivity.
In this guide we discuss equal employment opportunity, your obligations as an employer, and equal employment opportunity (EEO) policies in your workplace.
Equal Employment Opportunity
Equal Employment Opportunity (EEO) means that everyone has equal access to employment opportunities based on merit, without fear of discrimination or harassment. EEO is used as a method and a strategy for change.
The Human Rights Act 1993 (HRA) and the Employment Relations Act 2000 (ERA) ensures that all workplaces are safe and fair. While the policies mainly protect employees, employers must also ensure they are not discriminating job applicants, contractors and people associated with them such as friends, family and carers.
It is unlawful to discriminate against someone because of their:
- Sex or sexual orientation
- Race or skin colour
- Age
- Marital status
- Physical or mental disability
- Family or carer’s responsibility
- Pregnancy or childbirth
- Religion or political opinion
- National extraction or social origin
- Employment status
- Domestic violence victims
- Involvement in union activities
Human Rights Commission and EEO
The Human Rights Commission is an organisation that promotes and protects the human rights of all people in New Zealand. It works under the Human Rights Act 1993 to lead, evaluate, monitor and advise on all matters regarding equal employment opportunities.
Under the HRA 1993, if an individual believes they have not been given equal opportunity in the workplace, they can make a complaint to the Human Rights Commission for advice and support – all of which are free, flexible and confidential.
If a complaint is not resolved through their usual process, the case may be taken to the Human Rights Review Tribunal.
What to do When Discrimination Happens or Equal Opportunity is not Given
Employers have a duty of care to prevent discrimination, harassment and victimisation in the workplace. Waiting for a complaint is not an excuse for inaction and failure to respond in a reasonable manner can result in serious penalties.
Different companies and industries will have their own approach to giving people equal opportunities at work. How employers respond to discrimination will depend on their business:
- The size, nature and circumstances of the business.
- Available resources.
- Business and operational priorities.
- How practical and costly the measures are.
Even if a complaint is not lodged, the New Zealand Human Rights Commission may investigate cases of discrimination, harassment or victimisation. They will investigate the circumstances and decide whether you have taken positive action or not to prevent the particular act or give proper equal opportunity.
Hiring New Employees
When it comes to replacing employees who leave or employing people for new positions, employers have a responsibility to give all candidates an equal opportunity. If an employee believes they have been unlawfully discriminated against during the hiring process, they can lodge a complaint to the Human Rights Commission.
Based on equal opportunity laws, an employer cannot discriminate against an applicant based on any of the prohibited grounds specified in legislation. For example, employers cannot ask applicants about their sexual orientation or preference, age, religious or political beliefs. These factors are not relevant to someone’s ability to perform a job.
These rules apply to every aspect of the hiring process including job advertisements, application forms, job offers and interviews.
Equal Employment Opportunity Policy
Just like all workplace policies, it is important to have a written EEO policy that covers the priority placed on equal opportunities within the business. This should be regularly reviewed and updated to reflect changes to legislation or company culture. The written EEO policy should be clearly communicated to new and existing employees in order to prevent miscommunication, and to promote the emphasis placed on equal opportunity within the business.
When drafting an EEO policy, clearly explain:
- Who your policy applies to
- When is it eligible, for example employee types and work locations and processes
- How you meet your obligations as an employer
- Who is responsible for the EEO process (manager, supervisor, or HR involvement should be detailed)
- Details of the hiring process
- Information on the dismissal process without breaching unjustifiable dismissal laws
- Steps taken to minimise discrimination, harassment, or bullying in the workplace
- Process to file a complaint
- Equal employment opportunities available to employees.
Besides having a written policy, employers should be sure none of the other policies, procedures or training programs could be interpreted as discriminatory. For example, have procedures giving disabled employees access to reasonable work accommodation.
Peninsula can help manage equal opportunity programs at work and reduce discrimination. For peace of mind. Call our 24/7 advice line.