Bsbdiv 501 Manage Diversity in the Workplace Assessments 1 and 2 PDF

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BSBDIV501 – Manage Diversity in the workplace

Assessment 1: Questions INSTRUCTIONS Please complete the student details section. This short answer assessment is one form of assessment that is used to collect evidence of competency for this unit. To demonstrate competence, you must correctly answer all questions. Any shortfalls or wrong responses may be followed up by your trainer in verbal, written or practical instance. You will be required to complete other relevant assessment tasks for this unit as instructed by your trainer.

Question 1: List 6 prohibited areas of discrimination your company’s diversity policy should address. 1. Age Discrimination: -Protects both younger and older Australians at their workplaceDiscrimination is based on age-Includes discrimination on the basis of age-specific characteristics that are generally imputed to a person of a particular age. 2. Disability Discrimination: -Protects everyone in Australia against discrimination based in disability-Covers discrimination based on physical, intellectual, psychiatric, sensory, neurological or learning disability, that affects thought processes, perception of reality, emotions or judgement or that results in disturbed behavior; -Covers cases of presence in body of organisms causing or capable of causing disease or illness (like HIV virus). 3. Racial Discrimination: -Protects against discrimination based on race, skin color, descent or national or ethnic origin-Covers discrimination based on immigrant status in some circumstances-Covers areas such as discrimination in all areas of public life including employment, provision of goods and services, right to join trade unions, access to places and facilities, land, housing and other accommodation, and advertisements. 4. Sex Discrimination: Discrimination can be “direct” or “indirect” on the basis of sex-Covers any discrimination based on marital or relationship status, pregnancy or potential pregnancy, breastfeeding, family responsibilities, sexual orientation or gender identity-Prohibits sexual harassment 5. Human Rights: -Protects people against discrimination on the basis of race, color, sex, religion, political opinion, national extraction.-Protects people against discrimination based on social origin, age, medical record, criminal record, marital or relationship status, impairment, mental, intellectual or psychiatric disability, physical disability, nationality, sexual orientation, and trade union activity. -Covers discrimination on the basis of the imputation of one of the above grounds. 6. Equal Opportunity:-Protects people from discrimination on the basis of sex, breastfeeding, including bottle feeding, chosen gender, sexuality, marital or domestic partnership status, pregnancy, race, age, disability.-Covers physical features, political belief or activity and religious belief or activity-Covers someone who has a personal association with someone who has, or is assumed to have, any of these personal characteristics

Question 2: List 3 examples of policies that may cover aspects of businesses operations affected by diversity 1. Recruitment and induction practices 2. Anti-bullying, anti-harassment and grievance procedures 3. Training and development opportunities

Question 3: When should staff be made aware of the diversity policy? Before a person starts working in the company, is advised that the future employee knows the policy of the company, as they can decide whether the company is suitable to his believes, as the employee starts working for the company is very important that the company make sure that employee understand all the diversity policy and others, with proper inductions and training.

Question 4: Name 2 ways of prompting the diversity policy 1. Offer Implicit bias training – for everyone no matter how open and bias-free we think we are, judgements are often engrained because of socialization and life experiences. Implicit bias training helps create a safe place to raise awareness of unconscious attitudes, and teaches tools to help change behaviors. 2. Provide Mentors – Connect under represented employees with internal and external mentors in their group to provide support and promote growth. Encourage participation in appropriate professional organizations.

Question 5: What should you do if you discover areas of the anti-discrimination legislation which are not fully addressed by your diversity policy in your workplace? First step, if I discover areas of the anti-discrimination legislation which are not fully addressed by the diversity policy in my workplace, I should talk to my manager about it, he will be able to take the next step, talking to the right people where they can fit the new policy, with a bigger range, covering the new topic with the proper legislation.

Question 6: What can happen if your own prejudices cause discrimination during the employment process and a candidate is dissatisfied? If it happened that your own prejudices cause a discrimination, you should advise the candidate about their rights, and give them the guidelines/directions to report what happened. The candidate can file a complaint against your company to the anti-discrimination board.

Question 7: List 2 benefits of selecting a socially diverse workforce. 1. Improves employee engagement 2. Improves cultural insights

Question 8: List 3 types of training you may need to offer staff to help deal with cultural difference in your team. 1. Humana Right training 2. Recruitment and selection training 3. Workplace bullying, discrimination or harassment training

Question 9: List 3 examples of issues caused by cultural differences that can cause tensions between staff. 1. The language barrier, can cause a misunderstanding during diversity training, suggesting bad behaviors in the workplace. 2. The body language can be an issue in different cultures. Some examples: handshake, eye contact and so forth. 3. Religion can cause tensions when not respected, for examples: clothes, prayers and etc.

Question 10: How can you manage staff tensions and assist staff in working effectively with each other? Inductions and basic training are good techniques to avoid future tensions, but once the tension took place, managers can also leader their employees by giving examples of their own, explaining that cultural awareness, language barriers, etc. aren’t to be an issue. In case of bigger issue has happened, a new training must be taken, this type of training can help people to understand differences and respect them.

Question 11: Who should ideally be in charge when investigating complaints relating to bullying, racial vilification, sexual harassment or violence? Managers should be in charge of the investigation as they are closer to the employees and have better understanding of the situation, considering that the managers are not the person involved. In this situation the investigation must be from a different person. Human Resources are good and trained for this situation.

Question 12: An employer can be held liable for any unlawful workplace behavior unless they can prove what?

All reasonable steps have been implemented to avert unlawful behavior, that’s why the record of all actions must be recorded. This way an employer can be protected.

Question 13: What are some ways businesses can promote diversity? Businesses can promote diversity internally as well in order to help build the corporate culture and to encourage acceptance of others among staff, newsletters, bulletins, staff meetings and other forums can be used to keep the issue at the forefront of people’s minds.

Question 14: Give an example of how you can use the skills from a culturally diverse workforce to improve products or services in your industry. Staff who felt that they are in an inclusive environment and their cultural identities are valued are happier, they are motivated, less likely to leave an organization and can work freely to achieve their full potential. Furthermore, when the workforce is diverse you can have a better understanding on how to deal with different clients as the employees can teach you how their cultures like to be treated. In a restaurant, for example, a group of Latin Americas can be much louder than a group of Europeans, meaning that if you can understand this you are not likely to treat those group as a problem

Question 15: Match the following pieces of legislation with their corresponding description. protects against discrimination on the basis of a Age Discrimination Act 2004 – disability Disability Discrimination Act 1992 – protects against discrimination on the basis of Racial Discrimination Act 1975 – Sex ethnic extraction, skin color, descent, national origin, etc. Discrimination Act 1984 – Australian Human protects younger and older people from Rights Commission Act 1986 – unlawful treatment on the basis of their age established the Australian Human Rights Commission, gives it powers and defines discrimination protects against discrimination on the basis of sex, marital status or pregnancy Question 16: List the 2 main ways which can be used to lodge and handle a complaint: 1. Address the care taker in the moment and let you know the problem 2. Search involving a government agency such as Anti-discrimination Board

Question 17: List 4 types of complaints which must be investigated formally:    

Skin Color discrimination or Racial vilification Sexual harassment Bullying Not to be hired for disability

Question 18: The HR manager asks you to investigate a sexual harassment claim which has occurred yesterday in the catering department. In brief, outline the steps you should take to address this complaint in a professional manner. 1. First, remove the possibility of the actions occurring again in the future. You should ask the complainant if any assistance is required and then provide it. Ask for the complaint to be put into writing and familiarize yourself with the relevant policies, procedures, personal records and legislation governing the type of complaint and how to deal with it. Or file for formal procedures. 2. Interview the complainant in a private area where eavesdropping cannot occur, to help ensure confidentiality of the whole process. Ask for any witnesses of the alleged incident and what outcome is desired. Next, you will need to interview the defendant and ask the same questions. If witnesses are provided then you should interview them and ask for their version of events. You will need to review the facts and make a recommendation for further action. 3. If the parties are satisfied with the outcomes then the matter should be dropped. If the parties do not come to an agreement or are not satisfied, then the matter could proceed to the next stages. Conciliation or arbitration can be used and if that is not successful then the matter may proceed to a tribunal or Court of Law

ASSESSMENT 2 – Project ASSESSMENT INSTRUCTIONS This assessment consists of a series of tasks which include    

research of legislation – key aspects, requirements and complaint processes identification of current initiatives and the potential for integrating these in the management of a diverse workforce development of a diversity policy which can be implemented in a diverse workplace based on the values identified from the current projects and based on legal requirements identified development of an anti-bullying/anti-harassment policy with clear procedures for informal and formal complaint stages

You are required to address all tasks set out below. The website link provided is current as of 27 September 2014 including the information relating to current initiatives. Whilst EEO legislation covers the general aspects related to Equal Opportunity Employment, the intention of this project is to identify contemporary aspects which would be beneficial for a diverse team in the workplace. You are encouraged to evaluate current programs and identify which aspects can be implemented in a sustainable manner in industry. The link and information provided on the websites are sources of information and all responses you provide here must be clearly referenced. Policies and procedures must be your own work.

Your trainer will provide you with feedback within agreed timelines as outlined to you.

Tasks 1. Go to the website https://www.humanrights.gov.au/our-work/legal/legislation and identify the purpose of the following Acts – what is covered, who does this apply to and what is the relevance in a workplace?     

Age Discrimination Act Disability Discrimination Act Racial Discrimination Act Sex Discrimination Act Australian Human Rights Commission Act

Age Discrimination Act 2004 Age discrimination occurs when a person is treated less favorably, or not given the same opportunities as others in a similar situation, because he or she is considered to be too old or too young. The Act makes it unlawful to discriminate on the basis of age when advertising jobs; during recruitment and selection processes; when making decisions about training, transfer and promotion opportunities; and in the terms, conditions and termination of employment. Stereotypes about young people and mature workers can greatly influence decisions made during recruitment and in the workplace. Examples of age discrimination could include:  not employing certain people because they won’t ‘fit in’ with other employees because of their age  not employing younger workers because of assumptions that they will quickly move on to another job  advertising a position for someone aged ‘under 30’ to join a ‘dynamic, young team’  making choices around redundancy, or forcing someone to retire, because of his or her age, or  harassing or bullying a person because of his or her age.

Disability Discrimination Act 1992 Disability discrimination is when a person with a disability is treated less favorably than a person without the disability in the same or similar circumstances. The Commonwealth Disability Discrimination Act 1992 (DDA) makes it against the law to treat people unfairly because of a disability. The Act makes it unlawful to discriminate against people with disabilities in employment, including:  the recruitment process, such as advertising, interviewing, and other selection processes  decisions on who will get the job  terms and conditions of employment, such as pay rates, work hours and leave  promotion, transfer, training or other benefits associated with employment  dismissal or any other detriment, such as demotion or retrenchment. Under the Disability Discrimination Act (1992), employers are obligated to make adjustments to accommodate an individual’s disability, unless that adjustment would result in unjustifiable hardship. Many employers accept that workplace flexibility is an attraction and retention strategy.

Racial Discrimination Act 1975 The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to  promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and  make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful The Act protects people from racial discrimination in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places. It is unlawful to discriminate when advertising jobs, during recruitment and selection processes, when making decisions about training, transfer and promotion opportunities, and in the terms, conditions and termination of employment. Examples of racial discrimination in employment could include:  insisting that all employees speak English at all times, even during their breaks  not employing someone from a particular racial group because ‘those people are unreliable’  not employing or promoting someone because of assumptions they wouldn’t ‘fit in’ with their colleagues, or  unfair treatment in the course of work on the basis of race such as subjecting employees to negative comments about their race.

Sex Discrimination Act 1984 The Sex Discrimination Act 1984 gives effect to Australia’s obligations in order to  promote equality between men and women  eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and  eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs. Sex discrimination in employment occurs when someone is treated less favourably than a person of the opposite sex would be treated in the same or similar circumstances. It can occur when employers or managers hold assumptions about what sort of work women are capable – or not capable – of performing. Examples of sex discrimination could include:  not hiring a woman because the employer thinks she won’t fit into a ‘traditionally’ male workplace  not paying a woman the same salary as a man for doing the same work, or not providing the same opportunities for training, mentoring or promotion  allocating work tasks based on a person’s sex.

Australian Human Rights Commission Act 1986 Discrimination on the basis of race, color, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital or relationship status, impairment, mental, intellectual or psychiatric disability, physical disability, nationality, sexual orientation, and trade union activity. Also covers Discrimination in employment or occupation.

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It gives effect to Australia’s obligations under the following: International Covenant on Civil and Political Rights (ICCPR) Convention Concerning Discrimination in Respect of Employment and Occupation (ILO 111) Convention on the Rights of Persons with Disabilities Convention on the Rights of the Child Declaration of the Rights of the Child Declaration on the Rights of Disabled Persons Declaration on the Rights of Mentally Retarded Persons, and Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

To ensure, as far as practicable, that everyone has the same rights to equality before the law, regardless of age, gender, Sexual orientation, race, disabled people or the rest of the community; cannot to refuse those people's rights, such as access to places and facilities, buy or rent the land, housing and other accommodation, provision of goods and services, right to join trade unions, employment, etc.

2. Current projects that have been implemented as part of the national strategies for each of the following acts can be found on the relevant areas of www.humanrights.gov.au. Review these current projects and analyze the key factors and campaigns which would be beneficial and could be adapted for managing a diverse workplace. Which potential benefits for a workplace can you find in each of these projects?    

Age Discrimination Act Disability Discrimination Act Racial Discrimination Act Sex Discrimination Act

Age Discrimination Act: Willing to Work Report Implementation  

Gave importance on a person’s age and stereotypes or myths associated with their age. Avoiding discriminatory behaviors during recruitment, in the workplace and in decisions about training, promotion and retirement, voluntary and involuntary.

Elder Abuse Elder abuse can take various forms, including: financial, physical, psychological, emotional and sexual abuse, or neglect. No older person should be subjected to any form of abuse. 

raising awareness of elder abuse and informing older Australians of the supports available to them

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raising awareness of people’s rights and obligations w...