policy report of racial discrimination

Racial discrimination is the unfavorable treatment of an individual in comparison to another because of his origin, racial heritage, or skin color. This general shortcoming can have a negative effect on a company and can be regulated by internal policies, as well as being legislated in Australia by the Commonwealth Racial Discrimination Act 1975 (RDA) (Langton 2014, p.17). According to this statute, a corporate institution is responsible for penalties if acts of ethnic prejudice are perpetuated on the property, and it will wreck the company’s business by incurring court costs and reimbursement payouts. According to the Australian Human Rights Commission (AHRC), the RDA is geared towards eradicating all forms of racial discrimination as well as promoting equality before the law for all people.

Additionally, apart from preventing litigation from employees, an anti-discrimination policy promotes the harmonious and united intercultural workforce who translates to improved productivity and better work environment (Ng and Metz 2015). It is facilitated by the increased motivation of the employees to work for the company as well as the exploitation of diverse ideas, perceptions and greater workers retention. The establishment of racially inclusive organisational objectives and procedures therefore inculcates a culture of racial tolerance and merit based on engagements between the companies and the workforce in promotions, training among others (Besley and Payne 2013). Further, the company can quickly internationalise its operations, increase its turnover and benefit from cultural and racial diversity.

It is then necessary for the management and the employees to embrace responsibility through the development and adherence to the racial discrimination policy which can be expensive and crippling to the public relations status of a business. It is evident in the case of Sam a Ghanaian, who was racially discriminated as a worker in an Australian manufacturing company. The company compensated the complainant, issued an apology and suffered from considerable negative publicity (Deitch and Hegewisch 2013). Therefore, MCD Pty Ltd should design and adopt the racial discrimination policy in the interest of the enterprise.

Table of Contents

Introduction.....................................................................................................................................6

Authorisation and Background............................................................................................6

Limitations...........................................................................................................................6

Scope....................................................................................................................................6

Definition of Discrimination...........................................................................................................7

State Legislation..................................................................................................................7

Commonwealth Legislation................................................................................................7

Organisational Objectives...............................................................................................................7

Treatment of Staff and Stakeholders...................................................................................8

Training and Development.................................................................................................8

Treatment of Complaints....................................................................................................8

Protection Guarantees.......................................................................................................9

Reporting Mechanisms......................................................................................................9

Standards of Conduct........................................................................................................9

Disciplinary Actions...........................................................................................................9

Case Examples and Consequences of Discrimination.................................................................10

Responsibilities............................................................................................................................10

Management....................................................................................................................10

Employees........................................................................................................................11

Procedures...................................................................................................................................11

When to Contact for Assistance......................................................................................11

How to Contact for Assistance........................................................................................11

Who to Contact for Assistance.......................................................................................11

Conclusion.................................................................................................................................11

Recommendations......................................................................................................................12

References..................................................................................................................................13

Appendices.................................................................................................................................14

Introduction

Authorisation and Background

MCD Pty Ltd is the hospitality company eyeing to expand its operations in Ipswich England. Upon scrutiny of the business’s policies and regulation, the manager has commissioned the human resources department to prepare a report referring to the need for the racial discrimination policy in the company. Owing to the large size of the company and the anticipation of a larger intercultural workforce in its international business, I have undertaken to prepare this report to depict the need for the policy to guard the company against possible litigation, intercultural conflicts and employee discord (Keddie 2012, p.410). Hence, success in its expansion programme can be significantly boosted.

Limitations

However, in constituting an excellent policy document the possible infringement on fundamental rights of the majority as well as the arousal of discontent in the administration of disciplinary action is a major challenge. The company’s policy implementation procedures and resources also pose a limitation, since the human resource department has to be facilitated to implement the system in the company. In this regard, the company has to set up a special team in the human resource department to oversee the implementation and adherence to the set rules and codes of ethical conduct which underline such a policy. Additionally, the drafters and implementers of the policy have to be facilitated both financially and morally, to liaise with government agencies and bodies tasked with such matters. Nevertheless, it is fundamental for a multinational corporation to adopt such a document not only as a standard practice, but also as a best practice.

Scope

This policy document spans the range of formulation, implementation and monitoring and applies to all company staff, management and other stakeholders such as suppliers. It includes the development of policy procedures and solutions concerning racial discrimination and harassment at the workplace, proper communication as well as education of correct practices by employees towards their colleagues. Additionally, engagements between the management and the workers are implemented to ensure a clear communication of the racial discrimination policy document. It assures that the policy is successful in reducing cases of racial discrimination and harassment which in turn delivers the corporate anti-discrimination benefits to the company. Besides, the associated reporting structures and escalation of weighty cases to relevant authorities is stipulated to clearly comply with the government regulation on such cases.

Definition of Discrimination

Discrimination is the maltreatment of a person and denial of opportunities as opposed to others in a similar situation due to his/her ethnicity, race, sex, colour, age or nationality. Racial discrimination is however more specific to discrimination by one’s race (Reich 2017, p.15). In racial discrimination, a person or a group of people are discriminated upon on the basis of their ethnic origins, racial identities or skin colour. Racial discrimination policy aims at protecting these minority ethnic groups in the company’s workforce especially in multinational organisations such as MCD Pty Ltd to ensure that they feel appreciated as an equal workforce and therefore deliver on their job requirements optimumly.

State Legislation

In the state of Queensland, the Anti-Discrimination act 1991 legislates over cases of discrimination including racial discrimination. Under this law, the prohibited acts of discrimination are spelt out. It includes discrimination at work or work related areas and criminalises racial and ethnic discrimination among others. In this regard, company that does not mitigate on acts of discrimination in its premises commits an offence and is therefore in contravention of chapter two, part four divisions two of the act (Keddie 2012, p.415).

Commonwealth Legislation

The Commonwealth’s Racial Discrimination Act 1975 also stipulates that unfair treatment on account of one’s race is a crime. This law is administered in Australia by the AHRC which investigates complaints, offers reconciliatory negotiations and seeks legal redress for the complainant through the federal courts. Under the section 15 of the Act, criminalisation of discrimination at work is spelt out (Keddie 2012, p.419).

Organisational Objectives

The corporate goal is to provide the environment free from racial abuse. The primary objectives include prevention of racial discrimination, protection of the people covered by the policy scope, to outline responsibilities of each stakeholder as well as dealing with complaints confidentially and impartially. In countering this racism, the company should endeavour to achieve a racism free workforce through the institution of programs and policies, staff pledges, holding intercultural events and endorsement campaigns as well as being part of national anti-racism campaigns such as the Racism stops with me campaign by the AHRC (Bielefeld and Altman 2015). Subsequently, the objectives and goals of ending workplace racism can be achieved. It also prevents the negative consequences of racism and ultimately benefits the company.

Treatment of Staff and Stakeholders

In the pursuit of these objectives, the company’s employees and stakeholders should be treated indiscriminately and encouraged to avoid any acts of racial profiling and discrimination among themselves. Respectful treatment among employees and stakeholders of different racial backgrounds fosters the anti-racism culture which is most desirable in the formulation of the policy.

Training and Development

Anti-racism and intercultural training can be utilised to counter such discrimination. Models applied should include training on race information and awareness, equality of races and anti-racism training (Reich 2017, p.27). It educates the potential perpetrators of racial discrimination against the vice and brings to their attention the possible consequences of being found guilty of such a vice. Consequently, the people are trained to better associate and accept other from other racial backgrounds thus fostering better relations at work. Therefore, the anti-discrimination policy is easily assimilated into the company.

Treatment of Complaints

Complaints presented to the respective company tribunal should however be thoroughly investigated to establish the truth of the particular case. It helps to promote fairness and justice in coming up with solutions to complaints. The tribunal should provide mediatory measures to reconcile the parties involved instead on majoring on administering punishment or prosecuting the case in federal courts. In case, it is to be escalated to federal prosecution, the due diligence should follow after that. It provides not only a fair treatment of the complainant, but also the accused. Therefore, fairness should be enjoyed by both parties during the handling of complaints.

Protection Guarantees

The company’s objectives should guarantee the individuals covered by the policy to provide a safe work environment for working. It should be conveyed clearly in the policy documents and endorsed by the top management where possible. It ascertains the company’s commitment to fighting any forms of racial discrimination and working in conjunction with established national and state regulations (Reich 2017, p.35).

Reporting Mechanisms

The reporting tools should be discrete and confidential to prevent individual vilification. Moreover, the company should support the people to report racism incidences through campaigns and forums that encourage reporting. Dedicated committee or tribunal should handle such reports professionally and impartially to promote and support incident reporting as well as preventing the escalation of cases which might cost the company money and loss of labour.

Standards of Conduct

The employees should be urged to behave within the confines of the established Ethical Code of Conduct to prevent unacceptable behaviours, drug-abuse and violence which may lead to racial abuses. It should be clearly stipulated in every employees signed contract to enhance adherence and enhance awareness. Thus, cases of confrontation or irresponsible utterances can be reduced.

Disciplinary Actions

Disciplinary proceeding should be preferred to the people found guilty of violating this policy which may include making an apology, dismissal or suspension from work, mediation, and issuance of commitments as well as provision of targeted training (Edelman et al. 2017). These actions should be administered uniformly without favouritism.

Case Examples and Consequences of Discrimination

Cases of institutional racism have featured in the business world in the recent past. One prominent example is the case of the manager at NHS Foundation Trust of Central Manchester University which was accused of systematic racism and harassment. Mr Elliot Browne alleged that he was sacked unfairly after being subjected to a racist environment. The institution faced the consequences of compensating the complainant one million Euros as well as confronted with a scandalous negative publicity that tainted its core purpose of caring for people (Reich 2017, p.42).

Another big case involved a black footballer Mark Mccammon and his former club Gillingham FC. The player alleged incidents of racial discrimination in seeking for treatment, training and work environment. The club had to not only contend with damaged public relations, but also compensate the player for the tune of what analysts estimated to be more than forty thousand Euros.

In April 1999, the Coca-Cola Company was sued by employees for racial discrimination. In 2000, the company agreed to a 192 million dollars settlement in one of the largest settlements for a racial discrimination suit. In addition, the company had to make changes in its racial discrimination policy under the watch of a selected task force. It explains not only the need, but also the profitability of having a sound discrimination policy (Edelman et al. 2017).

Responsibilities

To achieve a good policy, the company stakeholders including the staff and management should undertake their duties properly.

Management

The management should endeavour to enforce the policy rules and regulations through forums and endorsements.

Employees

The employees should be assimilated into adherence to the set guidelines through education, mobilisation and engagements.

Procedures

The methods for monitoring the policy implementation should be clear on when to report an incident and the correct channels to follow.

When to Contact for Assistance

Complainants should be encouraged to promptly contact a selected tribunal in case of incidences that they deem to be discrimination. It prevents from the escalation of problems and provides quick solutions to any emerging incidents.

How to Contact for Assistance

A confidential reporting structure such as a suggestion box should be put in place to prevent from victimisation and encourage incident reporting. Otherwise, a dedicated call line can also assure a good reporting structure.

Who to Contact for Assistance

A special tribunal can be instituted in the human resource department to deal with cases of discrimination. It ensures room for tailored training while coping with discrimination cases to provide professional support to the complainants.

Conclusion

To sum up, it is apparent that any company wishing to venture into a multicultural society should invest in an anti-discrimination policy not only for the welfare of its employees, but also for its good and as a requirement of law. It reduces expensive legal suits and damaging publicity stunts as well as improving the work environment for its intercultural workforce. Furthermore, the company is well stationed to succeed internationally through the exploitation of cross-cultural differences (Ng and Metz 2015).

Recommendations

It is therefore recommendable that MCD Pty Ltd institutes a tribunal in its HR department to oversee the drafting of a discrimination policy document, its implementation and oversight as well as liaise with state bodies to ensure compliance with set regulations. Therefore, the company will be more prepared to expand its operations internationally.

References

Arts & Humanities Research Council (AHRC), 2016. Annual reports and accounts 2015-16. Swindon, UK: Polaris House. [Online] (updated 2016) Available at: [Accessed Jul. 14, 2016].

Besley, T. and Payne, A., 2013. Implementation of anti-discrimination policy: Does judicial selection matter? American Law and Economics Review, 15(1), pp. 212-251. [Online] (updated 2013) Available at: [Accessed Feb. 28, 2013].

Bielefeld, S. and Altman, J., 2015. Australia’s first peoples – Still struggling for protection against racial discrimination. In Perspectives on the Racial Discrimination Act: Papers from the 40 years of the Racial Discrimination Act 1975 (Cth) Conference, August 2015, pp. 196-206. [Online] (updated 2015) Available at: [Accessed Aug. 16, 2016].

Deitch, C. and Hegewisch, A., 2013. Title VII sex and race discrimination litigation settlements as opportunities for organizational change. Journal of Business and Psychology, 28(4), pp. 425-438. [Online] (updated 2013) Available at: [Accessed Apr. 6, 2013].

Edelman, B., Luca, M. and Svirsky, D., 2017. Racial discrimination in the sharing economy: Evidence from a field experiment. American Economic Journal: Applied Economics, 9(2), pp. 1-22. [Online] (updated 2017) Available at: [Accessed Apr., 2017].

Keddie, A., 2012. Australian multicultural policy: Social cohesion through a political conception of autonomy. Journal of Sociology, 50(4), pp. 408-421. [Online] (updated 2012) Available at: [Accessed Oct. 18, 2012].

Langton, M., 2014. Koowarta: A warrior for justice: A brief history of Queensland’s racially discriminatory legislation and the Aboriginal litigants who fought it. Griffith Law Review, 23(1), pp. 16-34. [Online] (updated 2014) Available at: [Accessed Dec. 1, 2014].

Ng, E.S. and Metz, I., 2015. Multiculturalism as a strategy for national competitiveness: The case for Canada and Australia. Journal of Business Ethics, 128(2), pp. 253-266. [Online] (updated 2015) Available at: [Accessed Feb. 19, 2015].

Reich, M., 2017. Racial inequality: A political-economic analysis. Princeton, NJ: Princeton University Press.

Appendices

Table 1. Complaints received and finalized over the past five years in Australia

(AHRC, 2016)

Table 2. Outcomes of the finalized complaints over the past five years in Australia

(AHRC, 2016)