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BSBDIV601 Assessment 4

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Diversity Case Studies

Assessment Task 4 Instructions

Review the case studies document.

Review each of the questions in the case study and consider the issues involved, and what your response as a Manager would be.

Outline the legal requirements, ensuring that you reference relevant legislation.

The response to each case study is expected to be at least 2 to 3 paragraphs and must be written in clear and concise English.

Case study one

Valarie is employed as an Administration Officer. She also answers calls from customers. Valarie has recently married and converted to Judaism. Her husband follows the Jewish faith and converting was something she felt was really important to her new relationship. Valarie has mentioned that she would like to leave work early on Friday afternoon to begin to observe the Sabbath.

Valarie has now written a formal letter to you requesting permission to leave work early on Friday afternoons. She has stated that she will take responsibility to catch up on any missed work.

The company does not currently have flexible working arrangements.

Valarie has been employed with the company for 2 years and is a permanent employee.

Questions:

Q1. What issues do you consider in your response?

The issues that I can relate from the case study above is that Valarie has mentioned that she would like to leave work early on Friday afternoon to begin to observe the Sabbath for a change to Judaism after her marriage while also the company still doesn’t have any  the policy of flexible working arrangement.

With the said situations above, as supervisor and/or other concerning personel, I would consider Valerie’s request as an issue for me and/or other panel to response while also taking in to consideration the Anti-Discrimination Laws while observing and reviewing the cases.

Q2. What are the legal requirements?

Australia's federal anti-discrimination laws are contained in the following legislation:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984.

Q3. What would be your response as a Manager?

As a manger, I would allow her to do as she requested. My rationale to allow her to do this is simply because she has already prepared and submitted a request with an explanation for an exception while also indicating that she would also continue to cover all the workloads as is.  With this justifications taking into account the legal contents from the Australian Anti-Discrimination laws, therefore a “yes” from me if I were her manager.

Case study two

You have observed that a Muslim staff member never shakes hands with female clients. You are concerned that this will impact on his relationships. You are considering asking him to shake female clients’ hands.

Questions:


Q1. What issues should you consider in your response?

The issues that I would consider in my response following the case study and scenario provided above is solely about the cultural difference of the people in the working environment. This issue is very important for it is related to personal believes and religion.

Q2. What are the legal requirements?

Australia's federal anti-discrimination laws are contained in the following legislation:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984.

Q3. As a Manager, how should you deal with this issue?

This case is very sensitive so I would need to make sure that the Muslim staff will be communicated by us in a way that is quite appropriate while also making sure to ourselves what we communicate with them will not cause the situation even worse or lead to any other conflicts.

Case study three

A staff member, Delores, has approached you with a request not to have to deal with a particular customer because they feel she is treating them in a racist manner.

Questions:

Q1. Can she refuse to deal with a customer on these grounds?

In my opinion, the thing that Delores mentioned above in the sample situations is not yet considered strong enough for her not to deal with that particular customer.  Actually as a customer service, she has no rights to say no to the guest/customer unless it is too evident that the customer of her has done that certain thing to her again.

Q2. What are the legal requirements?

For this situation especially, I would include two set of laws and legal requirements  into consideration.

The first one is Australia's federal anti-discrimination laws contained in the following legislation:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984.

The second one is Safe Work Australia (WHS): Safe Work Australia are known as ‘model’ laws. For the model WHS laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws.

The main object of the Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. It does this by:

  • protecting workers and other persons from harm by requiring duty holders to eliminate or minimise risk
  • providing for fair and effective representation, consultation and cooperation
  • encouraging unions and employer organisations to take a constructive role in promoting improvements in WHS practices
  • promoting the provision of advice, information, education and training for WHS
  • securing compliance with the Act through effective and appropriate compliance and enforcement measures
  • ensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Act
  • providing a framework for continuous improvement
  • maintaining and strengthening national harmonisation of WHS laws and facilitating a consistent national approach to WHS.

Q3. As a Manager, how should you deal with this issue?

As a result of this and if I were her manager, I will not grant her a permission on not to deal with this customer right away at her first asking. In contrast, I will ask her to try to deal with this person  while I will also made myself around there to observe the situation before provide any final judgement on the situation and/or Delores’ request.

Case study four

In a meeting with you (Team Leader), a staff member, Jackie, expresses a concern to you. They have recently disclosed their sexuality to a colleague, Jill, whom they have always got on well with. Jill was surprised and stated that she has a strong moral objection to lesbians and gay men. Jill had said as she felt it was not acceptable to be a lesbian but did want maintain a positive relationship with Jackie, she requested Jackie should help in this matter by not referring greatly to their sexuality again.

Questions:

Q1. Is this response acceptable?

In my opinion, this response is quite not acceptable even though I deeply understand how Jackie felt in that certain kind of situation. However, the response of Jackie to Jill as her/his friend and what Jill has done to her/him after Jackie has disclose his/her sexuality to  him is not also acceptable to me.

I always have a belief that people should not be defined by his/her se. People can be anything or living their life in any sexual type as they desire. A difference in sexuality has nothing to do with morale and/or any other important thing in life as a human-being.

Therefore, in conclusion, neither the response from Jill after knowing the truth or  Jackie’s response to Jill after getting mocked and/or ignorance some time is acceptable to me as a team leader.

Q2. What are the issues to consider?

Taking into account the Australia's federal anti-discrimination laws and also Safe Work Australia (WHS), the issues that we should focus and/or consider following the case study provided above is to find the best practice to handle with this situation. It means that instead of me trying to focus on how to solve the issue per request’s by Jakie, I would rather have find the alternative practice and solutions to make get them together again regardless of their sexuality.

Q3. What are the legal requirements?

For this situation especially, I would include two set of laws and legal requirements  into consideration.

The first one is Australia's federal anti-discrimination laws contained in the following legislation:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984.

The second one is Safe Work Australia (WHS): Safe Work Australia are known as ‘model’ laws. For the model WHS laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws.

The main object of the Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. It does this by:

  • protecting workers and other persons from harm by requiring duty holders to eliminate or minimise risk
  • providing for fair and effective representation, consultation and cooperation
  • encouraging unions and employer organisations to take a constructive role in promoting improvements in WHS practices
  • promoting the provision of advice, information, education and training for WHS
  • securing compliance with the Act through effective and appropriate compliance and enforcement measures
  • ensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Act
  • providing a framework for continuous improvement
  • maintaining and strengthening national harmonisation of WHS laws and facilitating a consistent national approach to WHS.

Q4. As a Manager, how should you deal with this issue?

The issues that we should focus and/or consider following the case study provided above is to find the best practice to handle with this situation. It means that instead of me trying to focus on how to solve the issue per request’s by Jakie, I would rather have find the alternative practice and solutions to make get them together again regardless of their sexuality.

Case study five

A staff member employed with the company for five years ago was diagnosed with depression about a year ago. She did not tell you until three months ago, when she confided in you about what she was experiencing and the treatment she was getting from her doctor and therapist. A month ago the staff member was signed off on sick leave.

She returned to work last week but is overwhelmed. You are prepared to help this staff member for another month but after that, you are feeling it might be time to terminate the staff member’s employment.

Questions:

Q1. What support could you offer the staff member?

A depressed employee might need extra time away from the office for treatment. With this, i might determine that a leave of absence is necessary. I will make sure that I will have a proper room for the staff member to follow a prescribed company policy, and make allowances for the worker’s absence, like reassigning work and following up on any unfinished projects. Remember, depression could be a disability requiring accommodation, under state and federal law.

Q2. Are there any legal requirements?

For this situation especially, I would include two set of laws and legal requirements  into consideration.

The first one is Australia's federal anti-discrimination laws contained in the following legislation:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984.

The second one is Safe Work Australia (WHS): Safe Work Australia are known as ‘model’ laws. For the model WHS laws to become legally binding, the Commonwealth, states and territories must separately implement them as their own laws.

The main object of the Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. It does this by:

  • protecting workers and other persons from harm by requiring duty holders to eliminate or minimise risk
  • providing for fair and effective representation, consultation and cooperation
  • encouraging unions and employer organisations to take a constructive role in promoting improvements in WHS practices
  • promoting the provision of advice, information, education and training for WHS
  • securing compliance with the Act through effective and appropriate compliance and enforcement measures
  • ensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Act
  • providing a framework for continuous improvement
  • maintaining and strengthening national harmonisation of WHS laws and facilitating a consistent national approach to WHS.

Q3. As a Manager, how should you deal with this issue?

I will carefully discuss any changes I’ve observed and express my concern. If I have noticed poor performance, I will discuss this and offer her the support. I will also allow the employee adequate time to explain the situation, and be sure to conduct this conversation in private. I believe that empathy and a nonjudgmental stance on my part will go a long way toward easing the employee’s anxiety about opening up to me. I might, however, need to consider involving Human Resources for my protection and the employer’s.

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