Policy
The Department is an equal employment opportunity employer. Equal employment opportunity is about recognising and valuing diversity. It is about ensuring that individuals do not face barriers in, or realising, their potential in employment. Equal employment opportunity encourages and supports a diverse workforce. It also seeks to ensure that people are treated as individuals and not in accordance with stereotypes that may form the basis of discrimination. It is important that schools and Department workplaces reflect the diversity of the community they serve. Equal employment opportunity is about:
- freedom from discrimination and harassment;
- focusing on essential job requirements;
- best practice.
A guide for schools
A good Equal Opportunity Policy will provide a vital framework for establishing:
- why we should act responsibly;
- what is acceptable and not acceptable behaviour;
- what will happen if there is a problem.
Principals, employees and students need to be aware that everyone in the workplace has both rights and responsibilities under the Equal Opportunity Act and Charter for Human Rights and Responsibilities.
Principals and school councils need to consider their responsibilities seriously as they can be held vicariously liable for the actions of students and employees, unless it can be shown that all reasonable precautions have been taken to prevent discrimination and sexual harassment. In addition principals and school councils have responsibility for ensuring that a safe and discrimination free workplace is maintained so the processes of learning and teaching can proceed uninterrupted.
In developing a policy, the following steps should be taken:
- Review current school policies and practices for consistency with the Victorian Equal Opportunity Act 1995 including any amendments such as those in the Equal Opportunity Amendment (Family Responsibilities) Act 2008 and Racial and Religious Tolerance Act 2001.
- Ensure inclusion of sexual harassment policy – refer to and adopt the Department’s Sexual Harassment policy.
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Develop a policy statement that makes it clear to all school employees, the school council and students:
- the aspects of their lives protected by equal opportunity laws;
- what unlawful discrimination and sexual harassment is;
- that any unlawful discrimination or sexual harassment will not be tolerated;
- action that will be taken where this occurs.
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The policy statement should refer to :
- State and Commonwealth equal opportunity and anti-discrimination laws;
- procedures for employees and students to resolve issues relating to unlawful discrimination or sexual harassment (see Complaints Resolution Procedures );
- where complaints can be lodged (ie. with the Principal, the Regional Director, the Equal Opportunity Commission or the Merit Protection Boards);
- a clear commitment to investigate all complaints promptly with confidentiality and impartiality;
- assurance that complainants and witnesses will not be victimised in any way.
- Raise awareness of the policy and ensure that students, employees and school councillors understand their rights and responsibilities.
- Identify an appropriate contact person (such as a Sexual Harassment Contact person) to provide information and support to complainants or respondents.
- Ensure that the policy is implemented, monitored and reviewed on a continuous basis as part of the school review process.
The steps described here should be considered as a broad outline only, and include some of the issues a school will need to consider when developing and implementing an effective EO policy. An Equal Opportunity Policy Template with accompanying resources is available on the legislation page.
Schools may need to consider other issues that relate to their particular circumstances and address these in their Equal Opportunity Policy. For example, the relationship between bullying, staff morale, parental or carer responsibilities and equal opportunity. Useful resources are available at Health and Wellbeing.
The more practical the policy the more successful it will be in assisting the school to deal with issues of unlawful discrimination and sexual harassment effectively.
Other Resources
This brochure provides general information for schools and other Department workplaces on sexual harassment and unlawful discrimination. Please contact 9637 2461 if you would like hard copies of the brochure.
Summary information about the Equal Opportunity brochure:
Arabic (PDF - 97Kb) Turkish (PDF - 133Kb) Traditional Chinese (PDF - 68Kb) Simplified Chinese (PDF - 77Kb) Vietnamese (PDF - 97Kb)
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