Workplace Diversity and Inclusion

In recent years, diversity and inclusion has become a pivotal issue in the Australian workplace.  Both policymakers and employers are increasingly prioritising these principles in response to changing social norms, legislative reform and a growing recognition of the commercial benefits of fostering a more diverse and inclusive workplace. This article looks at the current influence of these principles in Australia, examines key legislative provisions and effective strategies to encourage workplace diversity and inclusion.

What is workplace diversity and inclusion?

The terms diversity and inclusion refer to an organisation’s efforts (including the enforcement of policies and practices) that ensure those with diverse cultural and social backgrounds are integrated into a workplace. An organisation that focuses on these principles will have a variety of individuals in their workplace who reflect the range of people in the wider society.

Diversity refers to differences in race, culture, political beliefs, religion, sex, sexual orientation, class and gender identity. A diverse staff consists of individuals who bring distinct backgrounds and new perspectives to their roles.

Inclusion means that these diverse individuals feel welcomed, valued, respected and fairly treated. Empowering diverse employees and recognising their contributions is integral to creating an inclusive business.

The interaction of diversity and inclusion are important, as diversity without inclusion can create a toxic work culture, and there is no inclusion without diversity. It is therefore crucial that businesses not ignore inclusive principles when hiring for diversity.

Current status of workplace diversity and inclusion

The 2023-2024 Inclusion@Work Index  gives insight into the current state of workplace diversity and inclusion in Australia. Data from the 2023-2024 Index indicates that 27% of workers feel that their managers do not promote inclusiveness, value differences, treat everyone equally or interceded with inappropriate behaviour. Significantly, 19% of Australian workers do not feel respected, valued or able to contribute and progress at work. The number of reported instances of discrimination and harassment are also increasing in Australian workplaces, with nearly 30% of workers reporting that they have experienced harassment and discrimination at work.

Intersectionality

An emerging trend in workplace diversity and inclusion is a focus on intersectionality, which looks at how attributes such as a worker’s gender, race and disability combine to impact their workplace experiences. Intersectionality refers to the way different aspects of a worker’s identity expose them to overlapping forms of marginalisation and discrimination. Employers are increasingly recognising the importance of addressing intersectional discrimination in order to create a truly inclusive environment.

Legal framework

Australia’s commitment to improving workplace diversity and inclusion is demonstrated by a robust legal framework designed to promote equality and combat discrimination. The main legislation that contributes to this framework include:

• Fair Work Act 2009, which contains prohibitions against discrimination and harassment, and the mandate to treat all employees fairly, regardless of their background.
• Racial Discrimination Act 1975, which makes it unlawful to discriminate against an employee on the basis of protected attributes including colour, race, descent, or national or ethnic origin. This legislation covers aspects of employment such as hiring, promotion and termination.
• Sex Discrimination Act 1984, which prohibits discrimination on the basis of sex, pregnancy, marital status, family responsibilities and sexual orientation. It also includes provision to prohibit sexual harassment in the workplace.
• Disability Discrimination Act 1992, which aims to eliminate discrimination against those with disabilities and ensure that everyone has equal access to employment opportunities.
• Age Discrimination Act 2004, which makes it unlawful to discriminate against a worker on the basis of age, protecting both older and younger workers from unfair treatment.
• Australian Human Rights Commission Act 1986, which establishes the Australian Human Rights Commission to promote and protect human rights in Australia, and act as a crucial advocate for workplace diversity and inclusion.

Creating inclusive work environments usually means exceeding legal requirements. It means creating a culture of respect and support through initiatives such as mentoring programs, employee resource groups and inclusive communication practices. Some examples of workplace practises that encourage inclusion are:

• fostering leadership commitment to diversity initiatives and setting the tone for an inclusive workplace culture
• celebrating major holidays from diverse religions and cultures represented in the workforce
• creating mentorship programs for individuals from underrepresented groups
• creating comprehensive policies and training on diversity and inclusion. Training programs should focus on raising awareness among employees, addressing unconscious biases, and equipping workers with the resources to foster inclusive work environments.
• driving continuous improvement and accountability by regularly assessing their diversity and inclusion efforts. These assessments can be undertaken through employee demographics and engagement survey results, to provide insight into the success of initiatives and identify areas for improvement.

Benefits of workplace diversity and inclusion

There are proven benefits from implementing diversity and inclusion into the workplace. For instance, it can create:

• a broader talent pool to fill vacancies
• new innovation and perspectives that improve practise
• improved employee performance
• greater employee trust and engagement
• improved business efficiency and higher profits

Research shows that creating a diverse and inclusive environment can make employees feel a sense of belonging and loyalty, improving employee retention and making workers feel more productive and connected. The team at Go To Court Lawyers can help with any employment law matter. Please get in touch today for assistance designing initiatives for workplace diversity and inclusion. Call 1300 636 846 for any legal advice.