Harassment and discrimination 		 		Sample policy 2

General principles
We recognise the right of all employees to work in, and customers to receive service in, an environment free from harassment, bullying and unlawful discrimination.

Reports and complaints of harassment, bullying and discrimination will be treated seriously by the company and will be investigated promptly in a thorough and confidential manner, ensuring that complainants and witnesses are not victimised.

Every manager and employee has a responsibility to comply with this policy and to treat everyone who works here with dignity and respect.

Definitions
Discrimination:	Discrimination occurs when a person is treated less favourably than another person because of certain attributes (direct discrimination) or when a requirement that is the same for everyone has an unfair effect on some people because of an attribute, such as race, pregnancy, gender, disability (indirect discrimination). The grounds under which discrimination is unlawful are stated in the Queensland Anti-Discrimination Act 1991.
Harassment:	Harassment is a form of discrimination and may be sexual in nature or based on gender, race, disability, sexual preference or a range of other factors listed in the Queensland Anti-Discrimination Act 1991. Harassment also includes workplace harassment, or bullying. 
Harassment may involve physical, verbal, written or visual messages or behaviour. Behaviour which may constitute harassment includes, but is not limited to: staring, leering, touching or unwelcome familiarity, taunts, insults, jokes or gestures. 
Harassment may be a single act of offensive behaviour or a series of repeated events which may be considered unlawful, regardless of whether or not the behaviour was intended to offend or humiliate and regardless of whether or not the individual has asked for the behaviour to stop.
Sexual harassment: 	Sexual harassment is any unwanted, unwelcome or uninvited behaviour of a sexual nature which makes a person feel humiliated, intimidated or offended. Sexual harassment can take many different forms and may include physical contact, verbal comments, jokes, propositions, the display of offensive material or other behaviour which creates a sexually hostile working environment. 
Sexual harassment is not behaviour which is based on mutual attraction, friendship and respect. If the interaction is consensual, welcome and reciprocated, it is not sexual harassment.
Workplace bullying: 	Bullying is the use of strength or power – physical, mental or emotional – to coerce others by fear. This coercion may be either physical or emotional or both. Examples of bullying include, but are not limited to: unfair and excessive criticism, publicly insulting victims of bullying, constantly changing or setting of unrealistic work targets, ignoring others in your office or work unit consistently. Examples can include deliberately not saying good morning, deliberate exclusion of a person or persons from office activities/ conversations, shouting at someone or physically handling a person.

Harassment and discrimination (cont.)		 	Example policy 2

Rights and responsibilities
All managers have a responsibility to:
•	ensure all employees are aware of the principles and procedures set out in this policy
•	monitor the working environment to ensure that acceptable standards of conduct are observed at all times
•	act as a role model and display appropriate behaviour themselves
•	treat all complaints seriously and take immediate action to investigate and resolve the matter
•	refer a complaint if they do not feel that they are the best person to deal with the case (for example, if there is a conflict of interest or if the complaint is particularly complex or serious).

All employees have a responsibility to:
•	comply with this policy
•	offer support to anyone who is subject to these behaviours and let them know where they can get help and advice - they should not, however, approach the harasser themselves
•	maintain complete confidentiality if they provide information during the investigation of a complaint.

Reporting and resolving
Any person who feels they are being harassed has the right to handle the situation themselves to resolve the situation. They should be aware that while certain behaviour could be regarded as offensive/harassing, it may be that the person did not intend it to be that way.

Any person who feels that he/she is being harassed is entitled to the support of the company and has the right to take action by:
•	informing the offender that the behaviour is felt to be offensive and unacceptable This can be done through direct discussion or in writing
•	discussing the matter with a manager, who will outline the options available for resolution
•	lodging formal complaint, following the company’s complaints and grievances policy
•	approach the Anti-Discrimination Commission Queensland for information and confidential advice.

Consequences of breaching this policy
Depending on the severity of the case, consequences may include an apology, counselling, demotion or other forms of disciplinary action. All employees should be aware that any behaviour constituting discrimination, harassment (including sexual harassment), workplace bullying or violence may result in immediate dismissal.

Immediate disciplinary action will be taken against anyone who victimises or retaliates against a person who has made a complaint about these types of behaviour.

AUTHORISED BY:		
EFFECTIVE DATE: