What is the purpose of the Equal Employment Opportunity Act 1987?

EEO meaning Equal Employment Opportunity is the principle that every person, regardless of attributes such as race, gender or sexual orientation, has an equal opportunity to find employment based on merit. In Australia, several pieces of legislation seek to ensure equal opportunity and prevent discrimination in the workplace. Most states also have similar legislation.

EEO legislation Australia

Some of the pieces of equal opportunity legislation at the federal level include:

The Australian Human Rights Commission (AHRC) has the power to enforce this legislation. If a person believes they have been discriminated against in a manner that is prohibited by this legislation, they can lodge a complaint with the AHRC.

The relevant state or territory legislation and bodies that seek to enforce EEO as well as prevent discrimination are as follows:

EEO in New South Wales

In New South Wales, the legislation that governs EEO is the Anti-Discrimination Act 1977 (NSW). This legislation prohibits discrimination, among other things, on the grounds of race, work status, gender identity and sexual orientation. This legislation also prohibits harassment in the workplace.

Under this piece of legislation, the Anti-Discrimination Board is established. A discrimination complaint can be taken to this board by anyone who feels they have been discriminated against, or by someone acting on their behalf.

Equal Employment Opportunity in Victoria

The Equal Opportunity Act 2010 (Vic) is the piece of legislation that seeks to ensure EEO in Victoria. This legislation makes it unlawful to discriminate on the basis of a protected personal characteristic. The protected personal characteristics include age, breastfeeding, disability, marital status, political belief or activity, race, parental status or status as a carer, lawful sexual activity and pregnancy. This Act does not only cover equal opportunity and discrimination at work, but it also covers the areas of education, the provision of goods and services and accommodation. The Victorian Equal Opportunity and Human Rights Commission has certain powers under this legislation to enforce the law and conduct investigations into suspected breaches.

This legislation also makes it unlawful to sexually harass someone or victimise them for asserting their rights under the legislation and creates a positive duty for organisations to create plans to prevent discrimination from happening.

Equal Employment Opportunity in Queensland

EEO in Queensland is protected by the Anti-Discrimination Act 1991 (Qld). Discrimination is prohibited by this Act on the basis of, among other things, sex, relationship status, impairment, religious belief or activity, sexuality or family responsibilities. The areas where discrimination is prohibited include work, the provision of goods and services, the provision of accommodation, insurance, superannuation, education, club memberships and affairs and the administration of state laws and programs. This legislation gives the Queensland Human Rights Commission the power to hear complaints about discrimination or other conduct prevented under this Act.

EEO in South Australia

The relevant South Australian legislation for the protection of EEO is the Equal Opportunity Act 1984 (SA). Section 30 of this Act makes it unlawful for an employer to discriminate against a person on the ground of sex, sexual orientation, gender identity of intersex status. It is both unlawful to discriminate in determining who should be employed, in offering the terms and conditions of employment, in the actual terms and conditions of employment, by denying or limiting access to opportunities for promotion, transfer or training, by dismissing the employee or by subjecting the employee to a detriment.

The Equal Opportunity Act 1984 (SA), as well as protecting EEO in workplaces, also prevents discrimination in other areas such as in education and in the provision of goods and services, accommodation or land. It also prohibits conduct such as sexual harassment and victimisation.

The Commissioner for Equal Opportunity in South Australia has the power to hear complaints under this legislation.

EEO in Western Australia

The Equal Opportunity Act 1984 (WA) is the legislation that seeks to ensure EEO in Western Australia. It prevents discrimination in several areas of public life, including employment. Among other things, this legislation makes it unlawful to discriminate on the basis of sex, marital status, pregnancy or breast feeding. The Commissioner for Equal Opportunity has the right to hear complaints in relation to discrimination in accordance with the Act.

Equal Employment Opportunity in Tasmania

In Tasmania, the relevant legislation relating to EEO is the Anti-Discrimination Act 1998 (Tas). This legislation prevents discrimination based on various personal attributes apart from in some specific circumstances where exemptions apply. The relevant personal attributes include relationship status, parental status, religious belief or affiliation, irrelevant criminal record, irrelevant medical record and association with a person who has or is believed to have, any of these attributes. In Tasmania, the Anti-Discrimination Commissioner has the right to hear complaints relating to discrimination that breaches the legislation. Sexual harassment, victimisation and inciting hatred are also prohibited under this legislation. In addition to employment, the areas covered by this legislation include education and training, provision of facilities, goods and services, accommodation, membership of activities of clubs, administration of any state law or program and awards, enterprise agreements or industrial agreements.

EEO in Australian Capital Territory

The Discrimination Act 1991 (ACT) protects EEO in the Australian Capital Territory. This Act prevents discrimination, or the treatment of a person unfavourably, because that person has a specified personal attribute that is protected. These personal attributes include accommodation status, age, breastfeeding, disability, employment status, physical features, political conviction and race. In addition to in the area of employment, this legislation also applies to the areas of education, access to premises, goods, services and facilities accommodation, clubs and requests for information. The legislation specifies that it must be interpreted in a way that is beneficial to people with protected attributes.

EEO in Northern Territory

The legislation in the Northern Territory relating to EEO is the Anti-Discrimination Act 1992 (NT). According to this legislation, discrimination is prohibited in employment on the basis of attributes such as race, sex, sexuality, age or marital status. The Northern Territory Anti-Discrimination Commission has the ability to hear complaints about alleged discrimination. In addition to employment, this legislation prevents discrimination in other areas, such as education, accommodation, goods, services and facilities, clubs, insurance and superannuation.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Equal employment opportunity (EEO) is when all employees are treated fairly and equally in all aspects of their jobs. This means they have equal access to employment opportunities based solely on their ability to do the job, regardless of personal attributes such as gender, race, colour or creed.

Equal employment opportunities lead to diversity in the workplace. An employer can create workplace diversity by employing people from a range of different social and ethnic backgrounds and of different genders or sexual orientations, for example. Different people have different perspectives, experience and knowledge which they can bring to their role which may enhance work practices and enrich the workplace.

Equal Opportunity Employment Legislation In Australia

In Australia, there are various legal frameworks in place to ensure employees are not unfairly disadvantaged on account of traits such as race and ethnicity, gender, religious affiliation, age, sexual orientation, socioeconomic status, or physical and mental disability.

Equal opportunity legislation protects the right to equal opportunities in the workplace for all employees, and is aimed at preventing discrimination and sexual harassment, and promoting gender equality, amongst other things. Discrimination is to treat someone differently or (proposing) to disadvantage employees because of a personal characteristic protected by law. Anti-discrimination legislation covers both direct and indirect discrimination. Direct discrimination is when an employee is treated unfairly because of a protected characteristic. Indirect discrimination is when the employee is treated the same as everyone else, but because of their personal attributes it puts them at an unfair disadvantage.

Everyone in the workplace has rights and responsibilities under equal opportunity and anti-discrimination law to prevent discrimination, harassment, vilification or victimisation.

At a National level the Australian Human Rights Commission (AHRC) has the power to enforce federal EEO and anti-discrimination legislation. If a person believes they have been discriminated against in a manner that is prohibited by this legislation, they can lodge a complaint with the AHRC.

Federal legislation that covers equal opportunities and discrimination in employment includes:

• Commonwealth laws and the state or territory laws generally overlap and prohibit the same type of discrimination, however both apply, and an exception under one may not be an exception under the other.

State or territory legislation and bodies that seek to enforce EEO and prevent discrimination are:

• Australian Capital Territory – Discrimination Act 1991

• Northern Territory – Anti-Discrimination Act 1996

• South Australia – Equal Opportunity Act 1984
• Tasmania – Anti-Discrimination Act 1998

• Western Australia – Equal Opportunity Act 1984.

New South Wales – Anti-Discrimination Act 1977

In New South Wales,the legislation that governs EEO is the Anti-Discrimination Act 1977 (NSW). This legislation prohibits discrimination, among other things, on the grounds of race, work status, gender identity and sexual orientation. Sexual harassment in the workplace is also prohibited.

Queensland – Anti-Discrimination Act 1991

EEO in the workplace and for work related matters in Queensland is protected by the Anti-Discrimination Act 1991(Qld). This Act also prohibits discrimination relating to paid or unpaid work on grounds of qualifications, and industrial, trade, professional or business organisation membership.

Victoria – Equal Opportunity Act 201

The Equal Opportunity Act 2010 (Vic) covers discrimination in employment, as well as sexual harassment and victimisation at work. Employers have an obligation to take reasonable measures to protect employees, job applicants and contractors as well as people who are associated with them, such as carers, friends or relatives from discrimination, (sexual) harassment, bullying or victimisation.

The above legislation makes it unlawful to discriminate on the basis of a protected personal characteristic, which means you are not allowed to discriminate against someone because of the following, for example:

• race or skin colour
• sex or sexual orientation
• age
• physical or mental disability
• marital status
• family or carer’s responsibilities
• pregnancy
• religion or political opinion
• national extraction or social origin

The Benefits Of Equal Employment Opportunity Legislation

EEO and diversity in the workplace can benefit both employers and employees. It defines the culture in the workplace and sets standards and expectations within the business in relation to employer and employee interaction and opportunities for advancement.

Differing employee perspectives, experience and knowledge can enhance and improve established workplace practices. Research shows that diversity and inclusion at work can be good for business as it can lead to the following:

• Effective performance and increased productivity from employees
• Higher employee job satisfaction and reduced staff turnover
• Creative and innovative thinking among staff
• Improved staff health and wellbeing
• Lower risk of discrimination and harassment in the workplace

Facing difficult employees and challenging bullying situations? Download our FREE guide to understand your rights and duties. 

Below are some ways you can promote EEO and diversity in your workplace:

• Use multiple avenues when recruiting new staff to attract a variety of applicants from different backgrounds
• Develop workplace policies and implement training to promote inclusion and cross-cultural awareness
• Set up mentoring arrangements that match employees from different backgrounds to encourage open communication and promote understanding
• Have grievance investigation procedures and compliant handling processes in place to manage any issues that may arise despite the above, such as allegations of workplace bullying.

If you have specific (minority) groups of people in your workplace – for example, Aboriginal or Torres Strait Islander employees – as an employer you should increase your understanding of their culture to help foster inclusion and provide them with equal employment opportunities.

Bear in mind that you may need to take active steps to facilitate equal opportunity in your workplace. If you employ someone with disability, you may need to make changes to your workplace to ensure it’s accessible. This could be in the form of modifying the physical environment e.g. ramps, handrails, to providing flexible working arrangements.

Mature aged workers often have extensive knowledge and skills as a result of their time in the workforce. They can help you to look at your business operations from a different perspective. Mature aged workers can improve your business processes by sharing their knowledge and training and mentoring less experienced colleagues.

If you are considering employing younger workers, bear in mind the State and Territory legislation that may apply. With respect to children in the workplace, there is legislation around minimum age, and restrictions on the hours they can work, and the work they can do. An employer may even require a permit or certificate to work with children. The applicable industry or occupational award may have additional requirements and provisions for juniors, depending on their age and whether they are still at school, or if they are trainees or apprentices, including differing rates of pay.

We can help you understand how to promote equal employment opportunities in your workplace. Call us for free initial advice on 1300 651 415.

Contact us to find out how BrightHR people management software can help you manage and store your essential employee records and documents.

• EEO creates a more diverse workforce which may benefit the business. Research shows that inclusion and embracing differing employee perspectives, experience and knowledge can enhance and improve workplace culture and established practices.

• Equal employment opportunity (EEO) is when all employees are treated fairly and equally in all aspects of their jobs. This means they have equal access to employment opportunities based solely on their ability to do the job, regardless of personal attributes.

• In accordance with EEO and anti-discrimination laws, employers should take steps to prevent the following prohibited behaviours in their workplace:

  • Discrimination
  • Sexual Harassment
  • Bullying
  • Victimisation

• Federal legislation that covers equal opportunities and discrimination in employment includes:

  • Age Discrimination Act 2004
  • Australian Human Rights Commission Act 1986
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984
  • Fair Work Act 2009.

• An EEO policy should set out how the employer will implement equal opportunity in the business and may include the following:

  • A clear commitment to equal opportunities and non-discriminatory practices, policies and procedures
  • Definitions of key terms such as discrimination, harassment and workplace bullying
  • A prohibition on all forms of both direct and indirect discrimination, specifically mentioning each type e.g. racial discrimination
  • Clear expectations and standards of behaviour, including examples of what is not acceptable
  • Explanation of how equal opportunities are provided for prospective and current employees, e.g. in respect of recruitment and dismissal
  • Details of how the EEO policy applies, including delegation of responsibilities and employee training
  • Complaint and Grievance handling policies and procedures
  • Details as to what the employer can offer the employee in terms of support and assistance, e.g. an Employee Assistance Programme

  Make sure the policy is kept up to date and that all employees receive a copy of the (updated) policy and initial specific training as well as regular refreshers.

• In Australia, federal and state or territory legislation covers equal employment opportunity and anti-discrimination in the workplace which an employer needs to abide by. In addition, offering equal employment opportunities creates diversity which in turn may lead to a positive workplace culture and benefits for both the employer and employees.