Our clients have a range of approaches to equal opportunity and diversity in their businesses. Some consider equal opportunity laws as a matter of risk management and compliance; others regard diversity as a proactive opportunity to obtain a competitive advantage.

Freehills has extensive experience with organisations at all levels of this continuum.  

Equal opportunity for compliance and risk management

Federal and state legislation prohibits discrimination, harassment and victimisation in employment and in providing goods, services, education and accommodation. In the past decade, equal opportunity has become a key priority for business. With sexual harassment and discrimination claims and awards of damages on the rise, there are important consequences for organisations which breach equal opportunity legislation. Equal opportunity effects many aspects of day-to-day business. An employer can be liable for the unlawful conduct of its employees, contractors and agents unless it can show it took reasonable precautions or steps to prevent unlawful conduct occurring. Such precautions include:

• policy implementation
• training for all staff
• effective complaint management policies and practice
• monitoring workplace environment and culture.

Achieving diversity for a competitive advantage

With the changing demographics of the workforce and the battle to get and retain talent, progressive companies do not regard equal opportunity as simply a matter of compliance – they are setting themselves objectives to achieve a diverse workforce that will give them a competitive advantage. Their objective is to sustain a productive workforce for the long term and, often, to more closely resemble their customer base.

We provide comprehensive and commercial advice on areas of equal opportunity and diversity, including:

• Drafting, reviewing and revising employment policies – including policies prohibiting harassment, discrimination, victimisation and bullying, and policies on complaint management, email and information technology access, privacy, flexible working arrangements, parental leave, absenteeism and other people management policies; advising on effective policy implementation.
• Designing effective in-house complaint procedures and practices – assisting with internal complaints of discrimination, harassment, bullying and victimisation.
• Advising on and representation for equal opportunity litigation before federal and state, commissions, tribunals and courts.
• Designing and delivering training programs in all equal opportunity areas (including complaint management, diversity, managing injured workers and flexible working arrangements) in conjunction with the Institute of Knowledge Development.
• Advising on strategies to ensure managers and supervisors constantly monitor the workplace environment and culture to ensure no harassment or discrimination occurs or continues.
• Developing equal opportunity compliance frameworks and workforce diversity strategies.
• Applying for exemptions from the operation of equal opportunity legislation to achieve diversity outcomes.
• Assisting with programs and reports on equal opportunity for women and workforce diversity.
• Providing strategic and practical advice on current equal opportunity trends such as return from parental leave, accommodating workers with disabilities, and managing an ageing workforce.
• Advising on complex issues involving equal opportunity risk such as managing injured workers, bullying claims, flexible working applications, and handling industrial disputes about freedom of association.
• Advising on terminating employment, for example, due to harassment or illness where the employee cannot carry out work.

In a competitive employment market, it is becoming more important to ensure you are retaining and attracting the best people. We understand the impact this has on your business, particularly ensuring quality of service and maintaining reputation.

We understand these can be complex, sensitive and emotive issues that require careful management, a confidential approach and an efficient and tailored solution.

Legal Guides

• Chambers Global, top tier ranking 2006, 2007, 2008
• PLC Which Lawyer?, top tier ranking 2006, 2008
• Asia-Pacific Legal 500, top tier ranking 2004, 2005, 2006, 2007
• Best Lawyers International, ranked number one, with nine Freehills Employee Relations partners identified as ‘best lawyers’, 2008

Testimonials

• We are recognised as Australia’s premier employee relations practice. Chambers Global 2008 recently noted that the group provides ‘up-to-date, strategic and tailored advice’ and our partners are ‘…always looking to craft lateral solutions’.

Freehills has received formal recognition as an Employer of Choice for Women by the Australian Government’s Equal Opportunity for Women in the Workplace Agency (EOWA), in acknowledgment of the firm’s commitment to supporting and enhancing the career experiences of women within the organisation.

According to EOWA, the Employer of Choice for Women acknowledgment: '…recognises organisations who address the barriers women face in the workforce and who demonstrate they have policies and practices that support women across the organisation and that these have had a positive outcome for both women and the business.'

EOWA has highlighted Freehills’ exemplary approach towards enhancing the career experience of women in their workplace and the firm’s ongoing commitment to assisting women in maximising their potential.

The recognition as an Employer of Choice for Women also acknowledges the firm’s commitment to attracting, retaining and developing the very best people. The many achievements and continual improvements the firm makes to support female employees within the Women at Freehills initiative is evidence of Freehills’ ongoing commitment.