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Sexual Discrimination: Words are enough |
Sexual discrimination is a topical issue. Employers must be aware that it happens in workplaces and is likely that it is happening in their workplace. It is important that employers take steps to ensure they are aware of what is occurring in their working environment to reduce the possibility that women are being discriminated against. Courts have taken a stern approach with offending employers in an effort to create a more level playing field across genders. |
Despite legislation and litigation in this area cases of sexual discrimination are still common. In a recent Western Australian case Chaisty v City of Perth, EOT of WA, ET/2002-000029 an employer was found to be liable for sexual discrimination because male members of its workforce had used abusive language toward female colleagues. |
The woman worked for a WA council and was subject to offensive language that discriminated against her and her sister on the basis of sex. The Equal Opportunity Tribunal of WA found that offensive language in the workplace based on gender grounds amounted to sexual discrimination. |
The male employees were found to contravene the Equal Opportunity Act 1984 (WA) by their behaviour. Following from this the employing council was found liable for the actions of their male employees because it found that the council, although having policies against discrimination did not do enough to ensure that those policies were implemented in the workforce. |
This case makes it clear that there is an obligation upon the employer to ensure the employer has policies to combat discrimination in the workforce also that the employer actively ensures that employees are aware of the policies and understand them and importantly take steps to implement them. |
Each employer has a responsibility to ensure that its discrimination policies are implemented. This can be achieved through constant training and workshops that make it clear what each employee's rights and responsibilities are. |
Although the case referred to is one from Western Australia and thus serves as a guide for employers in NSW it is an important guide to give clues as to how decisions will be made in the future in NSW. Thus as an employer it is your responsibility to ensure that you educate and monitor your employees in check to ensure you do not become liable for someone else's actions. |
Peter McNamara |
peter.mcnamara@cml.com.au
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