Employers

Advertising & Responsibilities.

Implement a consistent method of recruitment; eg all positions advertised and applicants interviewed to assess suitability.
Encourage applications from the widest possible pool.
Provision of training for staff involved in recruitment.
Confidential record keeping justifying decisions made.

Developing selection criteria

Ensure job specification is up-to-date and consistent with requirements of the job.
Formulate selection criteria which is consistent with the job specifications, ie, only includes skills, experiences etc that are required (on a regular basis) to carry out the duties of the position.
Distinguish between essential criteria, those that the person must satisfy to be able to do the job, and desirable criteria, those that will help to do the job.
Assess whether formal qualifications (academic, trade etc) are essential to the performance of the job.
Ensure length of experience, age required etc are essential, and justifiable, for performance of the job and not set arbitrarily or based on stereotypes.
Ensure there are no unnecessarily restrictive English language qualifications on jobs that do not require them.
Be specific. Eg, does Communications Skills refer to talking on the phone to customers, writing reports for management, instructing technical operators, inter-cultural skills or teamwork.
Determine how criteria will be assessed: interview, referees report, work record, testing etc.

Advertising

Consider the benefits to the organisation of a multi-skilled workforce by advertising all positions internally (as well as externally).
Determine strategies for reaching the widest pool of applicants possible, eg use of ethnic media, informal networks, community groups, and organisations, industry groups, trade journals.
Ensure the information in the advertisement matches the selection criteria.
Do not use stereotyped or discriminatory language or discriminatory requirements. Eg, ‘Salesman’, ‘Age 30-45 years’,…
If used, ensure recruitment consultants are fully briefed on your requirements and have a good understanding of equal opportunity principles.
Include the name of a contact person in the advertisement and ensure they have information (presented in a clear and consistent way) prepared about the position.

Short listing

Short list on essential qualifications first then on desirable, prioritising criteria and determining method first.
Don’t make assumptions about qualifications / experience, how people could handle particular situations or how others may react.
Seek more information if necessary. The aim is to find the best person for the job.
Be consistent. Document decisions made and reasons for them.

Application forms

Ensure the language and length of the form is relevant to the performance of the job.
Do not include any invasive or irrelevant questions.
Predetermine to what use the information collected will be put and ensure no discrimination.
Ensure strict confidentiality.

Testing

Tests to match the requirements of the job.
Check that tests are up-to-date and relevant.
Check for any bias or indirect discrimination, eg a test for potential trades apprentices which examines prior knowledge of the trade rather than aptitude.

Interviewing

Aim to allow applicants to demonstrate what they can offer the organisation, not to simply confirm expectations or to see how applicants perform under pressure.
Check the need for any specific arrangements eg; physical access, interpreters etc.
Have questions prepared in advance.
Ensure consistency and fairness in questioning.
Focus on the real needs of the job. Don’t make assumptions or stereotype individuals.
The selection committee is entitled to ask applicants whether they can fulfil the requirements of the job (travel, work overtime, perform the physical functions) but such questions must be asked of all applicants.
It is appropriate to ask people with disabilities, whether they require any adjustments to perform the job.
Allow interviewee time to make their point. Allow silence. Rephrase or clarify if necessary.
Don’t make assumptions about a persons ability to do the job based on physical characteristics.
Do not ask invasive and irrelevant questions eg, Do you intend to have a family. If necessary rephrase to gain the essential information you require and ask of all applicants eg, ‘Can you commit yourself to the organisation for 2 years?’
Keep records of questions and answers.

Referee reports

An applicant can offer referees, or is able to comment on choice of referees, eg supervisors report.
Be consistent in use of referees. Ideally use a standard referee reporting form which matches the selection criteria.

Making the decision

Focus on the selection criteria.
Rank applicants according to performance against essential and desirable qualifications.
Assess all information; application form, interview, referees reports, tests etc.
Record decisions made and reasons for them.
Avoid value judgements and ensure report and process is kept confidential.
If requested, provide constructive feedback to unsuccessful applicants on their performance against the selection criteria.

Medical examinations

It is appropriate to have employees medically examined if potential health risks could be high for employees with particular health problems, eg jobs which involve heavy lifting for people with spinal injury or disease.
The Medical Examiner should have the job specification so any recommendation made relates specifically to the job.
Ensure only information relevant to the position is sought and avoid invasions of privacy irrelevant to the job requirements.
Selection Committee and Examiner are to be aware of technical equipment and other reasonable adjustment provisions for people with disabilities.
Where there is concern about ability to perform a job, Examiners to seek expert advice and assessment from vocational specialists in disability organisations.
Ensure strict confidentiality.
Applicants to be advised of results.

Workplace Environment Induction

Induction aims to provide new employees with information about the organisation which will assist the effective operation of their job.
Give balanced (job specific and social information) and directly relate information immediately necessary. Back it up with extra information at a later stage.
Provide a ‘mentor’ who can provide follow-up information and answer questions; and / or provide formal follow-up after a few weeks.
Ensure people with disabilities, eg visual impairment, reading disorder, etc have information presented to them in an acceptable format.
Introduce new employees to their colleagues, explaining the role of key people, including those they will be working closely with.
Encourage new employees to ask questions.
Ensure new employees know where to go for help or complaint on any issue.
If employing a person of a different ‘type’ (another sex, race, person with a disability etc) to the majority of the workforce, ensure other employees understand appropriate behaviour and communication expected of them before the new employee commences, to eliminate any hostile environments and to ease adjustment for the new employee.
Undertake any reasonable adjustments necessary, prior to the employee commencing work.

Appraisal

Good appraisal systems meet the needs of both employer and employees.

Ensure all employees fully understand the appraisal system.
Have employee records, including appraisals, accessible to them.
Be specific in the performance assessment rather than use generalities such as ‘poor attitude’.
Include positive feedback about what the employee does well.
Train staff involved in giving appraisals.
Do not make irrelevant remarks on an employees file, eg, about the ethnicity, age, disability etc.
Do not confuse accent with English language problems. A person may have one without the other.
Avoid assumptions about disability, race, sex, etc.

Promotion

Advertise vacancies widely throughout the workforce, giving all staff members the opportunity to consider it and to increase the pool of applicants.
Ensure all procedures fair and unbiased.
Review each position as it becomes vacant and select on the real requirements of the job, not on who previously filled it.
Provide constructive post selection counselling to unsuccessful applicants.
Encourage staff with low level of English language skill to improve it, thus increasing their chances of promotion.

Staff development and training

Examine how training is given across the organisation particularly looking at breakdowns by sex, disability, occupational grouping etc, as well as types of training; internal vs external, skill specific vs broad-based skill etc.
Institute planned and on-going strategies for increasing the skills of the workforce.
Allocate sufficient funds for training of first line supervisors who can deal with many issues before they reach crisis stage.
Ensure access and reasonable adjustments are made, if required, to allow staff with disabilities to attend a broad range of training.
Avoid training after hours and on weekends or consider provision of child care at such training.
Consider cross-cultural training / awareness raising for staff. Note that this can assist customer relations as well as employee relations.

Positive work environment

Investigate family responsibilities of all staff and consider the possibility of implementing flexible work practices, job sharing, leave for carers of family members who are sick, older or who have disabilities, child care provision etc. It has been found that such structures improve loyalty and productivity of an organisation.
Examine whether the work environment is hostile or not eg, are there ‘initiation rites’ for apprentices, discriminatory graffiti, offensive posters etc. Are there opposing ‘cliques’ in the organisation which create friction?
Develop and implement policies on the prevention of discrimination and harassment.
Provide senior management support to the implementation of the policies.
Recognise that discrimination and harassment between staff members is not just a personal issue but one which negatively effects the organisations productivity and profitability.
Aim for cessation of inappropriate behaviours now and in the future as a primary outcome, and discipline, if needed, as secondary.
Ensure all staff have access to staff notices, personnel procedural manuals and any other appropriate information.
Grievance procedures

Recognise that an organisation that has grievance procedures is a healthier one than an organisation that doesn’t have grievance procedures.
Circulate policies and related information widely and in appropriate languages.
Institute grievance procedures which are accessible to all staff.
Provide education programs (training, leaflets, posters etc) for all staff as to their rights and responsibilities.
Ensure strict confidentiality.
Empower the complainant to take appropriate action or to choose the course of action desired.
Review procedures regularly.

The Disability Discrimination Guide:
A person with a disability has a right to the same employment opportunities as a person without a disability.

The Disability Discrimination Act (DDA) makes it against the law for an employer to discriminate against someone on the grounds of disability.

What should employers do?
Employers must offer equal employment opportunities to everyone. This means that if a person with a disability can do the essential activities or "inherent requirements" of a job, he or she should have just as much chance to do that job as anyone else.

For example, an essential activity or "inherent requirement" for a telephonist's job is the ability to communicate by telephone. But it is not an "inherent requirement' to hold the phone in the hand.

Employers should choose the best person for the job, whether that person has a disability or not. They should make this decision based on a person's ability to perform the essential activities of the job. They should not make assumptions about what a person can or cannot do because of a disability.

People with a disability are protected against discrimination in:

Recruitment processes such as advertising, interviewing, and other selection processes
Decisions on who will get the job
Terms and conditions of employment such as pay rates, work hours and leave
Promotion, transfer, training or other benefits associated with employment, or
Dismissal or any other detriment, such as demotion or retrenchment.
The DDA also covers contract work, and membership of partnerships of three or more people, as well as discrimination by:

Bodies with control over professional, trade or occupational qualifications
Federally registered trade unions, and
Employment agencies.
For example, it is unlawful for an employment agency not to refer a person with a disability to a job if he or she can do the job.

What about workplace changes?
If a person with a disability is the best person for the job then the employer must make workplace changes or "workplace adjustments" if that person needs them to perform the essential activities of the job.

In most cases the person with a disability will be able to tell the employer what is needed. If necessary, employers should also seek advice from government agencies or organisations which represent or provide services to people with a disability.

Examples of "workplace adjustments" employers may need to make include:

Changing recruitment and selection procedures. For example, providing a sign language interpreter for a deaf person, or ensuring the medical assessor is familiar with a person's particular disability and how it relates to the job requirements.
Modifying work premises. For example, making ramps, modifying toilets, providing flashing lights to alert people with a hearing loss.
Changes to job design, work schedules or other work practices. For example, swapping some duties among staff, regular meal breaks for a person with diabetes.
Modifying equipment. For example, lowering a workbench or providing an enlarged computer screen.
Providing training or other assistance. For example, induction programs for staff with a disability and co-workers, mentor or support person for a person with an intellectual disability, including staff with a disability in all mainstream training.
What if changes are too difficult for the employer?
The DDA does not require workplace changes to be made if this will cause major difficulties or unreasonable costs to a person or organisation. This is called "unjustifiable hardship".

Before considering claiming that adjustments are unjustified, employers need to:

Thoroughly consider how an adjustment might be made
Discuss this directly with the person involved, and
Consult relevant sources of advice.
If adjustments cause hardship it is up to the employer to show that they are unjustified.

More detailed information on employment is also available on the HREOC website