 Show All employers have a responsibility to make sure that their employees, and people who apply for a job with them, are treated fairly. This responsibility is set out in federal and state anti-discrimination laws, as well as the Fair Work Act 2009 (Cth). Taken together, they make certain types of workplace behaviour against the law. As an employer you need to prevent discrimination, harassment or bullying from occurring in the workplace. What is unlawful discrimination?Discrimination occurs when a person, or a group of people, is treated less favourably than another person or group because of their background or certain personal characteristics. Federal discrimination laws protect people from discrimination of the basis of their:
For more information see the relevant fact sheets. The Australian Human Rights Commission Act 1986 (Cth) protects people from discrimination in employment because of their religion, political opinion, national extraction, nationality, social origin, medical record, criminal record or trade union activity. For more information see the Other areas of workplace discrimination fact sheet. A number of these characteristics are also covered by the Fair Work Act 2009 (Cth). Some state and territory laws protect people from discrimination on the basis of additional personal characteristics. For more information, see A quick guide to Australian discrimination laws.
Discrimination can happen at different points in the employment relationship, including:
What is harassment?Under discrimination law, it is unlawful to treat a person less favourably on the basis of particular protected attributes such as a person’s sex, race, disability or age. Treating a person less favourably can include harassing or bullying a person. The law also has specific provisions relating to sexual harassment, racial hatred and disability harassment.
Harassment can include behaviour such as:
It is important to understand that a one-off incident can constitute harassment. The Sex Discrimination Act 1984 prohibits harassment in the workplace by employers, co-workers and other “workplace participants”, such as partners, commission agents and contract workers. Sexual harassment is broadly defined as unwelcome sexual conduct that a reasonable person would anticipate would offend, humiliate or intimidate the person harassed. The Disability Discrimination Act 1992 prohibits harassment in the workplace based on or linked to a person’s disability or the disability of an associate. The Racial Discrimination Act 1975 prohibits offensive behaviour based on racial hatred. Racial hatred is defined as something done in public that offends, insults or humiliates a person or group of people because of their race, colour or national or ethnic origin. All incidents of harassment – no matter how large or small or who is involved – require employers or managers to respond quickly and appropriately. If issues are left unaddressed, a hostile working environment can develop which can expose employers to further complaints. What is workplace bullying?The Fair Work Amendment Act 2013 defines workplace bullying as repeated unreasonable behaviour by an individual towards a worker which creates a risk to health and safety.
Bullying behaviour can range from obvious verbal or physical assault to subtle psychological abuse. It can include:physical or verbal abuse
What is unlikely to constitute bullying, harassment or discriminationLegitimate comment and advice, including relevant negative feedback, from managers and supervisors on the work performance or work-related behaviour of an individual or group should not be confused with bullying, harassment or discrimination. Providing negative feedback to staff during a formal performance appraisal, or counselling staff regarding their work performance, can be challenging. Managers should handle these conversations with sensitivity but they should not avoid their responsibility to provide full and frank feedback to staff. Meeting your obligationsEveryone has the right to work in an environment free from bullying, harassment, discrimination and violence. Employers need to be aware of their responsibilities to ensure that the working environment or workplace culture is not sexually or racially hostile. Employers should develop and implement targeted practices to address inappropriate workplace behaviour and deal effectively with any complaints. Employers should also be proactive in addressing hostile behaviour that may be embedded in the workplace culture. Examples of a potentially hostile working environment are where racially or sexually crude conversations, innuendo or offensive jokes are part of the accepted culture. An employee can complain about such conduct as harassment even if the conduct in question was not specifically targeted at him or her. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Because of this duty, employers need to eliminate or reduce the risks to employees' health and safety caused by workplace bullying. As of 1 January 2014, the Fair Work Ombudsman can receive complaints from workers who believed they have been bullied at work. Further information is available at www.fairwork.gov.au/complaints. These documents provide general information only on the subject matter covered. It is not intended, nor should it be relied on, as a substitute for legal or other professional advice. If required, it is recommended that the reader obtain independent legal advice. The information contained in these documents may be amended from time to time.
Respect is an essential component of a high-performance organization. It helps to create a healthy environment in which patients feel cared for as individuals, and members of health care teams are engaged, collaborative and committed to service. Within a culture of respect, people perform better, are more innovative and display greater resilience. On the contrary, a lack of respect stifles teamwork and undermines individual performance. It can also lead to poor interactions with patients. Cultivating a culture of respect can truly transform an organization and leaders set the stage for how respect is manifested. Respect for ColleaguesResearch from Kristie Rogers, associate professor of management at Marquette University, demonstrates that people value two distinct types of respect: ‘Owed’ and ‘Earned.' Owed respect meets the universal need to feel valued and included. It rests on the concept that all individuals have inherent value and the right to be treated with dignity. When owed respect is lacking, it manifests as over-monitoring (i.e., micromanagement), distrust, misconduct and indifference (i.e., making people feel like they are easily replaceable). Disrespect can lead to a toxic atmosphere that diminishes joy and fulfillment, leading to dissatisfaction and burnout. Earned respect recognizes individuals who have gone above and beyond expectations. It meets the need to feel valued for accomplishments and a job well-done. Neglecting to provide earned respect can reduce motivation and accountability. Respect is also established by supporting other members of the health care team. Speaking poorly of another service or health care professional undermines patients’ confidence in the entire health care team and lowers their impression of the system. Interactions with colleagues can be improved by always assuming best intentions and giving other people the benefit of the doubt. Before reaching a negative conclusion, ask questions to clarify and assume that best intentions were in mind. In 2012, Virginia Mason launched a ‘Respect for People’ initiative that engaged all of their employees in approaches to respecting one another in the workplace. The program involved training, simulation and defining what respect meant. The outcome was a greater sense of personal ownership for how employees respect, support and appreciate their coworkers. The following is their “Top 10” list of ways to show respect:
A culture of respect also recognizes that everyone in the organization plays a meaningful role in the ability to care for patients. All members of the team are valued and have important contributions to make. Respect is given to everyone, regardless of their position on the organizational chart. For example, when a physician holds the door for a hospital cleaner, this simple act boosts self-worth and appreciation. The same effect is seen with a thank you letter from a peer or supervisor for a job well done. Respect for patientsEqually, if not more important, is respect for our patients. All patients deserve to be treated with dignity and an acknowledgment of their value as individuals. One of the most widely cited elements of disrespect mentioned by patients is simply failing to pay attention to their needs, by leaving them unattended or ignored. Think of how this translates to the way patients are greeted by your front staff, treated in the emergency department, or when they appear lost in the halls. As Don Berwick stated, “We are guests in our patients’ lives.” As such, we must act accordingly. This is demonstrated by listening to our patients, asking for their opinion and recognizing the importance of incorporating their personal values and priorities into treatment decisions. We convey respect by being considerate of patients’ time (e.g., striving to provide timely service and apologizing when we fail to do so). The physical environment that we create for patients is a direct reflection of our respect for them. Our ability to ensure privacy, cleanliness and quiet surroundings speaks volumes. When we request permission to enter a patient’s room, ask a patient how they would like to be addressed and explain to patients who we are and what we plan to do, this all communicates respect for them as individuals. Respect is also showing gratitude to our patients who entrust us with their care. A simple thank you can mean so much. At Beth Israel Deaconess Medical Center in Boston, the approach to respecting patients was operationalized. In 2015, the organization extended their existing quality and safety reporting systems to include complaints and grievances from patients and families that seemed to describe a disrespectful experience. A mechanism for staff to report episodes of disrespect was also created. As a result, awareness of the principle of respect for patients and families was increased, and respect and dignity became a metric tracked by senior leaders and institutional governance. Leader’s RoleCreating a culture of respect requires action on many fronts. Leaders set the tone by modeling respectful conduct in their words, by their actions and in the way they interact with each member of the team. The manner in which leaders treat people will have an impact on the way they treat each other and patients. This applies to all levels of leadership. Treat your clinical staff with the same respect you want them to treat patients. Here is how leaders can impart respect in every day behavior:
Clear expectations should also be set for everyone in the organization (e.g., clinicians, administrators, support staff, etc.). Ideal acts of respect should be rewarded openly. Acknowledgment or praise from a leader is a powerful catalyst for feeling valued. However, when disrespectful behavior occurs, it must be addressed consistently and effectively regardless of whom it stems from. Constant offenders must be made accountable for correcting their disruptive behavior or leaving the organization. Finally, as a leader you also show respect through humility; acknowledging that you do not have the monopoly on truth and that others bring value and can make meaningful contributions. Final WordWe are all responsible for making our health care settings ones that demonstrate the highest level of respect, collegiality and professionalism at all levels. This requires having zero tolerance for inappropriate behavior and being accountable to one another. Treating people the way we would want to be treated is a strong competitive advantage and the right thing to do.
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What is considered unacceptable and unprofessional for an employee in the healthcare setting?
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