1.4(a) EEO legislation - impact

EEO legislation - impact on recruitment and selection practices

While it is not expected that you will have detailed knowledge of the various Acts and Regulations, you will need to have an appreciation of the grounds for discrimination.

Some areas are covered by federal legislation, some by state legislation and others by both. People wishing to lodge a complaint alleging discrimination have a choice of accessing either jurisdiction but not both.

Legislation is constantly being developed to reflect the changing values and attitudes of society. For example, in 2001 there was a proclamation of a new area of discrimination under the NSW Anti-Discrimination Act. This new provision is designed to ensure that it is unlawful to discriminate against people in relation to their responsibility to care for and support children and adults. This legislation specifically covers rights in relation to getting work, during employment and dismissal or threatened dismissal.

Employers need to ensure they meet their moral as well as legal obligations to their employees. This requirement is particularly important for the HR specialist who in most instances will be a primary source of information to management on the organisation's legal obligations. The HR specialist is also an adviser to senior management on the strategic importance of EEO in the overall operation of the business.

In these times of diversity of customer base and global competition, it is in the interests of all concerned that the workplace reflects this diversity. To ensure this diversity is acknowledged and actively encouraged, relevant policies and procedures need to be in place and enacted. If you are a HR specialist, you are uniquely placed to engage senior management support not only in compliance to the legislation but to publicly support the intent of EEO through their actions. This extends beyond recruitment and selection to areas such as HR planning, training, acting arrangements for senior positions, allocation of budgets, and projects/career development opportunities. EEO is good business!