Global Perspectives: Analyzing Employment Discrimination and Solutions

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This report examines employment discrimination issues in Australia and compares them with those in Europe, Africa, and Malaysia. It identifies key challenges such as gender inequality, racial discrimination, and discrimination against disabled individuals. The report discusses existing legal frameworks like Australia's Anti-Discrimination law and the Fair Work Act 2009, as well as the Equality Act 2010 and Disability Act 2008 in Malaysia. Recommendations for solving these issues include promoting diversity, educating employees, fostering open communication, and providing flexible working hours. The conclusion emphasizes the importance of addressing discrimination to increase organizational output and safeguard workers' rights, highlighting the role of various laws and international organizations in protecting employees.
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Running Head: Employment Issues in Australia
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Discrimination in the workplace
Student name
5/28/2019
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Executive Summary:
Today due to the greater complexities in the organization, there is a huge demand of
the employees who possess the necessary skills and talent. So, it has become the biggest
challenge for businesses to increase the productivity of employees and which can only be
achieved when employment relations are maintained properly. Employee is treated as fairly
in the workplace. Employment relation is a form of relationship in which employer and
employee work together to achieve overall as well as their personal goals.
Therefore, the objective of this report is to identify challenges which are faced by
personnel in Australia and what are the possible measures to be taken by company for
improving the workplace harmony. In order to conduct this research, in a precise way 3 more
countries selected to explain the discrimination issue.
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Discussing Issue and the Possible Solutions 2
Contents
Executive Summary:..................................................................................................................1
Introduction:...............................................................................................................................3
Employment Relations Issue in Australia:.................................................................................3
Employment Relations Issue in Europe:....................................................................................4
Employment Relations Issue in Africa:.....................................................................................4
Employment Relations Issue in Malaysia:.................................................................................5
Recommendations for Solving the Issue:...................................................................................6
Conclusion:................................................................................................................................6
Bibliography...............................................................................................................................7
Introduction:
Discrimination means to create distinction towards a person from the population by
treating him in a bad manner. It is made because of certain characteristics are possessed in the
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Discussing Issue and the Possible Solutions 3
person. It is treated as unlawful only when there is a combination of characteristics is applied
to an individual for taking any form of action. It is in the form of direct, indirect, association,
perception, harassment, and victimization. Direct when a person is given less preference as
compared to the group. Indirect when not applied directly (Discrimination, 2019).
It is categorized on the basis of age, sex, race, religion, disability. It is done at the
workplace when it is done by employers towards their employees. It not only gives its impact
to individual, group, and business but also affects the country adversely (Williams, 2017).
Employment Relations Issue in Australia:
Workplace discrimination is when it is done in the employment relationship. It
happens while selecting the applicants from the recruitment process, when assistance is given
in job, at the time of training and promotion as well as on retrenchment of the employee
(Wright & Conley, 2011).
It is a practice done in Australia but majorly part in this is gender and disability
discrimination. A gender is a form of discrimination in which person is discriminated on the
basis of their sex, identity, relationship status and due to responsibilities towards their family
members (Workplace Relations Framework, 2015). It is a case which usually happens to
women as they are paid low as compared to male employees. Disabled persons are given
fewer employment opportunities (Australia's disability discrimination problem in three
charts, 2019).
Pregnant Women and Disabled are assumed as not capable of doing work irrespective
of their capability for doing work. In this country, preference is given on the basis of
relationship status whether the employee is single or married.
Selection procedure of selecting the appropriate person for the job is also done
sometimes in a biased way in order to remove such type of people to the next process. People
who are suffering from a disability also be given the right to do work so that they not feel
separated from others because of their drawback.
Racial Discrimination is done on the basis of race, colour, and national origin. It is
done when employment is not given to the person because of its race and when an employee
of a particular race not invited for any discussion or activity done in the office. Australia
adopted Anti- Discrimination law and also the Fair Work Act 2009 for solving such issues in
the country.
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Employment Relations Issue in Europe:
In Europe, discrimination is done on the basis of gender to give preference to men or
women. The incident happens in recent that in the insurance company when a male person
gets the less insured amount as compared to a female member. It is a case which shows
clearly shows that here a man is discriminated on the basis of sex and not given justice, as the
company said she had a different level of life expectancy as compared to the male member
but the age of both people are same.
Age discrimination is happening by giving privilege to the person on the basis of their
age. Example of this is stopping a person to apply for the job because of their retirement but
if the applicant wants to do service for the company and do not want to retire.
Migrants and Minorities have a high unemployment rate because they face difficulty
in getting the job plus they are discriminated particularly on the basis of race (Wrench, 2016).
Women of colour here in this country had to face many problems due to racism and gender.
Women have to deal with exploitation and sexual harassment while doing working in an
unsecured job environment. Black women are not able to attain the job because of the colour
issue.
Here, the European Union made the law basically for individual, anti-discriminatory
regulations, right to have security in the job, right to get information and for involving all
types of workers at the workplace.
Employment Relations Issue in Africa:
Discrimination is done in Africa relating to gender inequality but in other countries of
the world, racial has spread its roots. In this country, major laws are made to protect the
women and minority group segment. Females are employed but in less proportion as
compared to the men working there. Service openings are raised in the country due to this,
demand of workers rise but there is partiality in selecting the individual as selectors ignore
migrant people.
There is a problem related to misconception in people towards caste and to the people
who are suffering from HIV Aids because society do not want to accept such kind of people
and also misbehave with them. Employees are abused in a physical and verbal way, so it is a
form of harassment done to employees (Equality and discrimination, 2019).
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Discussing Issue and the Possible Solutions 5
In order to remove such type of practices labour law is implemented so to protect
workers from these activities. International Labour Organization and the South African
Labour Community play an important role in serving this purpose.
Employment Relations Issue in Malaysia:
Gender Inequality exists in the country (The Legal Context of Employment
Discrimination in Malaysia, 2018). Malaysia doesn’t have any anti-discrimination law for
fighting the discrimination problem. It faces a problem because discrimination is happening
to pregnant women working in the form by not considering their promotions, terminating
their employment and not giving preference in applications of the job also. It has been
reported that one out of eight expectant women lodging a complaint regarding this problem.
It has to face discrimination on the basis of religion by treating the person in an
unfamiliar manner because of its religion or origin. It is a practice which employees
experience in their daily working life scenario in the performance appraisal and selection
procedure by which employee is affected severely (Workplace woes:Workplace
discrimination is common in Malaysia, 2019).
It has adopted the Equality Act 2010 and Disability Act 2008 for protecting the
employees but not gives importance to women’s rights (Malaysia: Employment & Labour
Law 2019, 2019). As per the new amendments were done in employment act, the employee is
covered under all types of discrimination that are done by the employer under the working in
the office.
All employees are to be treated as equal so to reduce the partial behaviour. It has been
done by keeping the employee’s interest in mind and for increasing the efficiency of
companies. (Putrajaya to outlaw 'any' form of workplace discrimination, 2019).
Recommendations for Solving the Issue:
The Constitution not addresses the problem of workplace discrimination directly but
imposes some restrictions on the federal government’s decision to give justices to employees
(Australia: Employment & Labour Law 2019, 2019). In order to get different types of talent
in the workforce, diversity is a necessity. Various kinds of Acts made to protect the
employees:
a) Age Discrimination Act 2004
b) Disability Discrimination Act 1992
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Discussing Issue and the Possible Solutions 6
c) Human Rights and Equal Opportunity Commission Act 1986
d) Racial Discrimination Act 1975
e) Sex Discrimination Act 1984
Suggestions for improving the issue:
1. There should be a diversity of people in the organization for increasing the
participation of minorities, women and disabled people (Equal Opportunity and
Diversity, 2019).
2. Educate the employees so to provide knowledge about this subject and what stages
company takes to help the employees from this problem.
3. Workers are given a free and open environment to communicate easily.
4. Necessary steps to be taken to resolve the problem of employees.
5. Flexible working hours to be provided.
Conclusion:
In conclusion, it can be concluded that discrimination practices happen when a person is
treated as harshly as compared to other people in the organization on the origin of their race,
age, gender, and religion. It also includes the issue of harassment and bullying.
Discrimination is done in Australia majorly relating to racism, gender, and disability in the
organizations. It is also done in Malaysia, Africa, and Europe but they deal in a different way
as compared to the country as they framed their own laws to deal with this issue. In Australia,
various laws are prepared to protect the workers from these types of practices happening in
the working atmosphere, in order to increase the output of the organization and to safeguard
the workers successfully.
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Bibliography
Workplace Relations Framework. (2015). Productivity Commission Inquiry Report, 1, 1-555.
The Legal Context of Employment Discrimination in Malaysia. (2018). International Journal
for Studies of Children, Women, Elderly and Disabled, 4, 119-124.
Australia: Employment & Labour Law 2019. (2019). Retrieved from ICLG.com:
https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/australia
Australia's disability discrimination problem in three charts. (2019). Retrieved from ABC:
https://www.abc.net.au/news/2017-10-12/disability-discrimination-in-the-workplace-
in-three-charts/9038178
Discrimination. (2019). Retrieved from Australian Human Rights Commission:
https://www.humanrights.gov.au/quick-guide/12030
Equal Opportunity and Diversity. (2019). Retrieved from business.gov.in:
https://www.business.gov.au/people/hiring/equal-opportunity-and-diversity
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Discussing Issue and the Possible Solutions 8
Equality and discrimination. (2019). Retrieved from International Labour Organization:
https://www.ilo.org/global/topics/equality-and-discrimination/lang--en/index.htm
Malaysia: Employment & Labour Law 2019. (2019). Retrieved from ICLG.com:
https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/malaysia
Putrajaya to outlaw 'any' form of workplace discrimination. (2019). Retrieved from
malaymail: https://www.malaymail.com/news/malaysia/2018/01/19/putrajaya-to-
outlaw-any-form-of-workplace-discrimination/1557169
Workplace woes: Workplace discrimination is common in Malaysia. (2019). Retrieved from
New Straits Times:
https://www.nst.com.my/news/exclusive/2018/01/329441/workplace-woes-
workplace-discrimination-common-malaysia
Williams, S. (2017). Introducing Employment Relations: A critical approach. OXFORD.
Wrench, J. (2016). Diversity Management and Discrimination: Immigrants and Ethnic
Minorities in the EU. Routledge.
Wright, T., & Conley, H. (2011). Gower Handbook of Discrimination at work. GOWER.
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