The New South Wales Anti-Discrimination Act of 1977 turns 30 this year. The social landscape of Sydney and New South Wales has changed dramatically in those thirty years, but discrimination continues.
The NSW Anti Discrimination Board fields 10,000 enquiries and investigates over 1000 formal complaints each year from people who are still experiencing discrimination. In the 30 years of operation, the Board has investigated 34,290 cases. People are still denied a new job or promotion because of their sex. Workers are still experiencing difficulties because they have a disability. Race discrimination is still occurring at pubs and bars. Workplaces are still not free from bullying and harassment.
Sex discrimination in the workplace is the one area where NSW workplaces need to do better. It was the most common ground for complaints received by the Anti-Discrimination Board last financial year. Pregnancy discrimination in NSW is unlawful but we continue to see women experiencing trouble at work during and after pregnancy. Women have the right to one year unpaid maternity leave, the right to return to the same position, and the right to fair treatment of their carer’s responsibilities.
Workplaces, from local businesses to large multinationals, are vulnerable to complaints if they discriminate against pregnant women or workers with carer’s responsibilities.
That’s something business appears slow to comprehend. The loss of expertise of skilled women pushed from their workplaces is only going to get bigger. Not to mention the costs to business in lost productivity, legal fees, payouts and recruitment costs. Parents are frustrated by their inability to balance work with responsibilities at home because of rigid workplaces.
A separate dimension of discrimination is the low level of female participation rates as legislators, senior managers and politicians. This is related to two other indicators of discrimination: the gender pay gap, and the fact that Australia is one of only two countries in the Asia–Pacific region where women have no right to paid maternity leave. Combine these factors with inflexible working hours and reduced access to child-care, and many parents are forced to choose between work and home.
The UN Global Gender Gap ranked Australia at sixteenth place, behind our neighbours in New Zealand, Philippines and Sri Lanka. The index measured Australia on four areas of equality between men and women in economic participation and opportunity, education, political representation and health. Gender balance is an issue for everyone, because workplaces dominated by one gender are missing out on the chance to promote diversity and human rights, and to deliver better service to their clients.
The UN’s 2007 Equality at Work report says discrimination in the workplace on the grounds of age, sexual orientation, HIV/AIDS status and disability is increasing. The report also calls for umbrella policies to address sex discrimination and gender gaps in pay and employment, to help workers balance work and family responsibilities.
Discrimination is still a social problem and lack of awareness of the potential costs of discrimination persists. We still have a long way to go to protect the human rights of our people in NSW workplaces. NSW had the foresight in 1977 to legislate against discrimination thirty years ago. After thirty years of the Act, the pace has slowed. We need it now more than ever..
Stepan Kerkyasharian AM
