Diversity Management in Australia: Laws, Strategies, and Ethics

This report provides an in-depth analysis of diversity management within the Australian workplace, focusing on legal frameworks, ethical considerations, and practical strategies. It begins with an executive summary and introduction, outlining the scope of the study and the significance of diversity. The report delves into key Australian laws such as the Equal Opportunity Act 2010, the Australian Human Rights Commission Act 1986, the Racial Discrimination Act 1975, the Disability Discrimination Act 1992, the Sex Discrimination Act 1984, and the Age Discrimination Act 2004, examining their objectives and implications. It explores diversity in the workplace, offering strategies for recruiting and leading diverse teams, managing conflicts, and fostering an inclusive environment. Furthermore, the report discusses effective cross-cultural communication, cultural sensitivity, and the importance of adapting products and services to meet diverse needs. It also highlights the benefits of diversity, including gaining a competitive edge and attracting specific demographics. The report concludes with a self-reflective essay, providing a personal perspective on the impact of individual attributes on workplace diversity. This comprehensive analysis aims to provide a thorough understanding of diversity management in the Australian context, offering valuable insights for students and professionals alike.

MANAGING DIVERSITY IN WORKPLACE
Name Of the Student: Duong Thi Minh Anh
Student ID: 20060666

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EXECUTIVE SUMMARY:
The assignment is the work outcome of the detailed study of discrimination laws in Australia and
their recognition and enforcement. The thesis mainly deals about all the laws, which prohibits
discrimination, and in detail study to bring out their objectives and aims.
The assignment further deals with diversity and its implication in the workplace with
self- reflective analysis as a Diversity Team manager. The thesis aims to focus on the factors
affecting diversity and its implication including the enforcement of laws and workplace policy.
Lastly, the thesis ends with a self-reflective essay about personal attributes and its impact
on workplace diversity.

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INTRODUCTION:
There are various laws in Australia, which deals discrimination and its prohibition at the
nationwide scale. However, discrimination is also prohibited at international level by the United
nations through Conventions, Treaties and other Regulations as Human Rights. The National and
International law are subject to recognition of Human Rights and laws prohibiting discrimination
is recognised and enforced as the basic human right of any person.
PART A
1. Diversity
Diversity means a specific fact comprising of a variety of things or people. Diversity also
means mix of races or culture or traditions to be included under a single range of race, culture or
tradition. It means that the culture and tradition is mixed with each other where all the varieties
and types of cultures are living together within a single society with diversity and equal
competency.
2. Equal Opportunity Act 2010
Equal Opportunities Act 2010 aims to identify and eliminate discrimination, sexual
harassment and victimization with promotion of grounds for equality. The objective of the Act is
to promote equal opportunities for work to all the employees irrespective of the illegalities
propositioned in law.
3.
a) Australian Human Rights Commission Act 1986
Australian Human Rights Commission Act 1986 is a national institution which identifies
discrimination on various grounds of caste, colour, sex, breastfeeding, care status, pregnancy,
criminal record, trade union and so on in the places of employment or occupation. The National

CORPORATE GOVERNANCE AND THICS 3
Inquiry into Children in Immigration Detention 2004 was conducted by the Commission under
this Act.
b) Racial Discrimination Act 1975:
Racial Discrimination Act 1975 deals with racism. It aims to protect people from unfair
treatment on grounds of racism and promote equality among people from different backgrounds.
Section 15 of the Act states that the law prohibit any racial discrimination in employment
including the process of seeking employment, training, promotion and the entire course of
employment (Wotton vs. Queensland (No 5) (2016) FCA 1457).
c) Disability Discrimination Act 1992:
Disability Discrimination Act 1992 prohibits discrimination among people on grounds of
disability in places of employment, education, and other contexts. In Macquire vs. Sydeny
Organizing Committee for the Olympic Games 2000 it was held by the court that a website
should be made accessible to a visually impaired person, not infringing his or her right to
equality.
d) Sex Discrimination Act 1984:
Sex Discrimination Act 1984 recognizes and enforces Australia’s international human
rights obligations and propagates equality among people irrespective of their sex. Section 7AA
of the Act explains that no woman should be discriminated on the grounds of nursing and
breastfeeding her child.
e) Age Discrimination Act 2004:
Age Discrimination Act 2004 prohibits discrimination among people on the basis of their
age in areas of employment, education, accommodation and others. However, exceptions are laid
down for religious and charitable organizations, including those of positive discrimination
(Keech vs. Metropolitan Health service [2010] FCA 1332).

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f) Brodie’s Law (Crimes Act 1958):
Brodie’s Law (Crimes Act 1958) recognizes and enforces criminal liability upon
identification of an act of serious bullying. The liability extends to the maximum punishment of
an imprisonment up to ten years. It was held in the case of Brodie Panlock where WorkSafe
Victoria issued charges against the café owner and its workers and MAP Foundation to pay
compensation for bullying of the victim resulting in her death (Cadwell 2010).
The above discussion would help me to conduct proper selection process for the hiring of the
candidate and ensure discrimination and bully free environment in the workplace.

CORPORATE GOVERNANCE AND THICS 5
4.
a) Selection of staff:
The above discussion would help me in the consideration of conditions for employment
and employee entitlements, determination of salaries including awards and appraisals and
increments as per the agreement, and determine other costs related with recruitment including
training programs. Legal obligations for employing people, 2019 explains the statutory
requirements related to the employees to qualify as their employer.
b) Strategies to recruit a diverse team:
The basic strategy to recruit a diverse team is to offer flexibility at workplace with
relation to work schedules and meeting personal needs with work life balance. Other methods are
pre- recruitment training programs, assessment programs, referrals from other employees and
acceptance of new techniques and technologies for the ever growing workplace.
c) Strategies to effectively lead a diverse workplace:
Leading a diverse workplace requires time and attention to colleagues, work life balance,
support to others, listening to all the complaints and finding a desirable solution, candid
conversations and other methods to ensure free work environment.
d) Strategies to manage conflict among teams:
Best way to manage conflicts in a work team is to embrace such conflicts, listen to both
the sides and deal fairly by providing suitable guidance and forgiveness. In Raj vs. Capita
Business services Ltd and Ms. G Ward 1806101/2017 it was held in sexual harassment cases,
both the parties will be given equal opportunity to present their arguments irrespective of their
gender difference.
e) Initiate open communication:

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Suggestions and accepting feedback from team is the best way to initiate open
conversations about differences within the team. Referring the above case law of Raj vs. Capita
Business Services and Another, it can be explained that in sexual harassment cases, both the
parties will be allowed to communicate openly with each other and ensure the message of non-
adherence to sexual exploitation is delivered to all.
f) Create an inclusive and respectful workplace:
Appropriate connection with the employees by way of interaction and meetings would
create an inclusive and respectful work culture. It can only be done by enforcing the policies and
legal provisions in a more effective manner.
g) Special considerations:
The Act ensures flexibility with respect to duties to parents and dependents and care for
them accordingly. Special consideration is though given to ensure positive discrimination so that
the unfacilitated are uplifted to meet the facilitated people at par to meet equality among the
equals.
h) Benefits of “ positive role model”:
 Talent skills and experiences: recognition of these would always results in complete
contribution of employees to the company at their best.
 Innovation: employees should always be given scope for innovation and the same should
be recognized.
 Language skills: it invites foreign businesses from across the globe with learning of new
languages.
 Talent pool: positive note in the workplace ensures growth and development of talent and
also its recognition.
 Employee Performance: recognition of employee’s efforts, talents, skills, and experiences
always enables them to grow and improve.

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According to Meacham et al. 2017, it has been explained that innovation and other skills in
employment is Important to avoid monotony in the workplace. These include various training
programs, and team diners and other outings and celebration like that of festivals and
greetings to ensure the environment of a workplace is not monotonous. Laplagne and Bensted
1999 has further explained the importance of training and innovation in the workplace
performance. This means that it states that the training and innovative techniques may result
in increased performance of the workplace employees.
5.
a) Effective cross-culture communication:
Respecting customers’ culture and its diversity is very important and on a positive note, it
also invites more customers due to positive cross-culture behavior. According to Betancourt,
Green and Carrillo 2016, it has been explained that the cultural competency enforces respect and
acceptance towards various cultures and allow them to live together within a society.

CORPORATE GOVERNANCE AND THICS 8
b) Communications protocol:
Things to remember before meeting or talking to new people:
 Be professional and personal to customers.
 Listening is a skill which can never be defeated. And listening is the best way to be
involved in a conversation.
 Complex or technical issues can be easily explained by using similar examples or
analogies.
 Ensure customers of the standard of customer service and policies shall be satisfactory to
them.
 Resolution of disputes with solution best catering to their needs is the best way to
continue customer communication.
In Comcare vs Banerji [2019] HCA 23 it was held by the High Australia that Australian Public
Services Code of Conduct and related legislation has rightly imposed restriction upon the use of
freedom of political communication.
c) Awareness of cultural sensitiveness:
Policies should be critically made to ensure awareness among the employees by guiding
them through ethical behavior and professional standards of their workplace. Cultural
competency and diversity ensures that the people from various backgrounds live together in a
single society without any differences. The anti-discrimination laws of Australia explicitly
prohibits discrimination on any grounds of sex, caste, creed, color, disability, maternity,
breastfeeding, pregnancy, age, or any other grounds.
d) Eating style awareness:
Employees should be well aware about the healthy habits of eating and importance of
healthy food. Youth generally tends towards cheap food but company must provide facilities and

CORPORATE GOVERNANCE AND THICS 9
aware about the harmful effects of cheap food. In Conisbee vs. Crossley Farms Limited [2019] it
was explained by the court that eating habits of any person is a philosophical belief and hence, it
is a protected characteristic.
e) Knowledge regarding dietary restrictions:
The employees should be well aware about the dietary choices and requirements of each
other and of the general also like vegetarianism, veganism, paleo and other religious and cultural
nourishments and diets.
Referring the above case law, Conisbee vs. Crossley Farms Limited, it was held that the food preferences of
every person as per their own choice and this embarks as their philosophical nature.
f) Provisions to access premises:
Company policies should have provisions for the facilitation of special needs like fair
treatment of people, patience, being flexible, respecting somebody’s personal space and others.
These are dealt under the employment laws including the anti-discriminatory laws of Australia.
Matters like respect and space and other ethical issues are dealt under the Code of Conduct
established by the company’s policy as well as the statute.
6.
a) Products and Service styles:
Cultural sensitivity should be acknowledged by the company and based on which
creativity and innovation of the company is driven. For example, food-joints like KFC and
McDonalds has to include vegetarian menu to enter into the Asian markets. Recently, Nike
introduced their oversized dummy to fight against body shaming and plus sizes.
b) Creative menu planning:
The menu should be special and unique to accommodate all the diverse cultures in a single
unit. Referring the above examples of KFC and McDonalds, the menu planning should be such

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that it should include all cultural diversities like these enterprises did including the vegetarian
items to enter into the Asian market.
c) Culture Celebrations:
Cultural celebrations can be attracted by organizing events during the festival weeks,
creating menu specific to the festival, and other events to embark every festival and event as
special. For instance, the Thanksgiving or Christmas can be celebrated with a huge feast or pot
luck arrangement by the employees while Asian festivals are generally celebrated with an array
of vegan foods, and Muslim festivals can be celebrated with greetings and an array of Moghul
dishes. Every community should be given importance and their festivals should be recognized
and celebrated in the workplace.
7.
a) Gaining Competitive edge:
Racial decent variety leads to diversity in business leading to self-esteem and market
execution. For example, usage of terms like Black, Negro or Chinki has resulted in criminal
offences affecting the self-esteem of the people associated with such race.
b) Attract specific demographics:
Varied products are customer target based and attracts specific sect of customers. For
example, while opening outlets in Indian and Asian economy, McDonalds and KFC introduced
vegetarian products to target vegetarian customers also ensuring the diverse food habits in the
location. The manufacturers of sanitary napkins target only the women in the society because the
product is essentially for them.
c) Enhancement of business image and reputation:
Diversity in market strategy is a very efficient way of showing business adaptability and
flexibility in relation with market and its diversity in different nations. Rigid business forms are

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not well accepted in foreign markets where the original strategy may not work due to socio-
economic and cultural factors. For example, if KFC and McDonalds were rigid with their menu,
they would not have evolved as the major food-joints globally.
PART B:
KNOW YOURSELF:
I am a vibrant person with accepting views towards people from different backgrounds.
Honestly, people are actually a reflection of their thoughts and behavior and not a reflection of
caste, religion, sex, creed or color. Every person should be treated equally and this world is full
of amazing people and we meet some of them every day in our daily life. As the saying goes, “be
friendly with all but be friends with few”, I follow in the footsteps of the saying. I love meeting
new people and interacting with them about their lives and experiences. However, I don’t trust
them easily and do not share my personal life and ideas with everyone. Honestly, being a person
with closed ideas, it takes time for me the blend in with people and share my insights. In that
case,

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many people may perceive me as arrogant or introvert. However, that may not be the case. Being
a “Diverse Manager” I should be open to flexibilities and interactive with people along with
acceptance of new socio-cultural environment in the work place by recruiting people from varied
places hailing from varied different culture and sex. In case my subordinates approach me for
any issues or situation regarding the behavior of other person, my approach would be to assess
whether or not the actions or gestures or words were offensive. In addition, if any employee
approaches me about his or her superior being cold or sarcastic towards him or her due to their
cultural differences, I would try and implement relationship programs to ensure the differences
are solved and every culture is welcomed with a warm regard.
I have a very different approach to people from varied backgrounds. I love travelling and
meeting locals and trying to know them and adapt to their food and lifestyle. During my trip to
Japan, I found some amazing food variety ranging from fried and baked sweet potatoes to homey
and ginger grilled fish to pickled vegetables. Their courtesy and respect towards fellow people
was worth noticing and I tried to adapt the same in my everyday life. Today, maybe I am a better
person and respect all my fellow people with equal care and respect. Similar respect can be
induced in the organization by way of conducting pot-luck events where all the employees would
be requested to cook their traditional food and share it with all with the members. This would
enhance the acceptance of food differences across the globe and appreciation towards one culture
and effort.
In addition, on my trip to Norway, I have observed people greeting and smiling at each
other even at normal working days. They greet all the elders and children with warmth. Many
days, even my stress was busted because of somebody warmly greeting and smiling me while
walking on the road. I have tried to inculcate the same in my personality and I have felt lot
lighter and interactive towards other people. It has helped me with trusting people every day. As
for my organization, since greetings help in busting stress and enhancing a feeling of friendship

CORPORATE GOVERNANCE AND THICS 13
and support within the workplace, I would make it a cultural policy to greet each other warmly
and appropriately during the office hours. no person shall be left isolated or ignored and hence,
every employee should greet each other. This shall be a part of Conduct and not an official
policy. As a Diversity Manager, this would help to cut off any behavioral neglects from any
employee towards another, and warm greetings held them to bust stress and may be talk to each
other about professional or personal problems to ensure the health of their fellow colleagues is
not affected. In other words, this is also called team bonding and greetings is the first step to
achieve it.
Thus, as a “Diversity Manager”, adoption of flexibility, and more trusting towards people
would help me widen my wings to be adaptive towards diverse socio-economic cultures and
people hailing from such backgrounds. In addition, every day of life is a lesson and I try to learn
every day to improve myself as a person personally as well as professionally.

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CONCLUSION:
It can be concluded from the above analysis that Diversity in culture, race, tradition,
language, colour and in all other forms should be accepted with wide hands and warm colours.
To ensure that all accept such diversity and protect the people from different backgrounds laws
are enacted and enforced. Such laws are also enforceable at workplaces to ensure unity and equal
opportunities to all the persons regardless of any discriminatory grounds.

CORPORATE GOVERNANCE AND ETHICS 11
REFERENCES:
1. Glenn, H. P. (2014). Legal traditions of the world: sustainable diversity in law. Oxford
University Press, USA.
2. Gelber, K., & McNamara, L. (2013). Freedom of speech and racial vilification in
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48(4), 470-484.
3. Vellani, F. (2016). Understanding disability discrimination law through geography. Routledge.
4. Smith, B. (2014). How might information bolster anti-discrimination laws to promote more
family-friendly workplaces?. Journal of Industrial Relations, 56(4), 547-565.
5. The Equal Opportunity Act 2010. (2019). Retrieved 22 August 2019, from
https://www.humanrightscommission.vic.gov.au/the-law/equal-opportunity-act
6. Kapp, M. (2013). Looking at age discrimination laws through a global lens. Generations,
37(1), 70-75.
7. Wotton vs. Queensland (No 5) (2016) FCA 1457
8. Macquire vs. Sydeny Organizing Committee for the Olympic Games 2000
9. Keech vs. Metropolitan Health service [2010] FCA 1332
10. Caldwell, Alison (9 February 2010). "Suicide waitress 'driven to the edge and pushed'". abc.net.au.
The World Today
11. Raj vs. Capita Business services Ltd and Ms. G Ward 1806101/2017
12. Betancourt, J. R., Green, A. R., Carrillo, J. E., & Owusu Ananeh-Firempong, I. I. (2016). Defining
cultural competence: a practical framework for addressing racial/ethnic disparities in health and health
care. Public health reports.
13. Conisbee vs. Crossley Farms Limited [2019]

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https://www.business.gov.au/people/managing-and-developing-staff/employees-and-record-keeping/
legal-obligations-for-employing-people
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"Innovation programs at the workplace for workers with an intellectual
disability", Personnel Review, Vol. 46 No. 7, pp. 1381-1396
16. Laplagne, P. and Bensted, L., 1999. The role of training and innovation in workplace performance.
17. Comcare vs Banerji [2019] HCA 23
18.