As the media interest continues around the David Jones case, it’s an appropriate time to reflect upon the real issues associated with unlawful discrimination in employment.

Broadly, a failure to take appropriate preventative measures and consistently implement relevant policies may lead to:
•    Damage to your organisation's consumer brand;
•    Damage to your organisation's labour market brand;
•    Damage to the overall productivity of your organisation; and
•    More direct costs of legal proceedings.
It’s very likely that the first three areas of damage will cost your organisation vastly more than the last area. Those three areas are not ones directly addressed in formal proceedings, but usually in the parties’ considerations when contemplating settlement proposals.

So what can your organisation do to prevent unlawful discrimination occurring?

In short, you create a workplace culture where unlawful discriminatory behaviour is unlikely to arise and if it does, is more likely to be immediately dealt with. This will happen through:

1. Leadership from the Board
2. Leadership from the CEO
3. Leadership from the Senior Management Team
4. Leadership from the HR Team
5. Not compromising on standards, even for star performers
6. Career progression due solely to merit
7. An active program to achieve diversity in the workforce profile
8. Effective recruitment programs
9. Effective career development programs
10. Clear EEO and related policies11.  Effective training in EEO and related policies
11. Encouragement given to all employees to address grievances quickly
12. Training of middle management to promptly identify and resolve grievances
13. Having clear avenues for raising grievances that include a range of appropriate people other than an employee's direct manager
14. Direct reporting by the Head of HR to the  Board on the organisation's EEO goals

This article is available in full at Australian Business Lawyers.