The context for diversity management : rights and responsibilities

Abstract

Diversity Management (or its many alternative terms) is now widespread in larger organisations in Australia. However, the exact nature of what this means in each organisation varies, as there is no legislative underpinning of these policies and processes. This paper explores the bases on which organisations are undertaking Diversity Management and examines the legislation to which organisations must respond, that is anti-discrimination legislation and equal opportunity legislation. The former has strict compliance measures while the latter relies on individual organisational decisions of how to proceed and is backed up by few benchmarks or compliance measures. The paper discusses how this mixture of employee rights (employer obligations) and employer responsibilities produces varied outcomes in organisations resulting in different conditions for employees. The paper draws on analysis of organisational reports to the Equal Opportunity for Women in the Workplace and case studies. It concludes that the business case is predominantly driving many organisations’ diversity practices and this is particularly the case at a time when many organisations are dealing with a skills shortage. It questions whether the business case is a sufficient incentive for organisations to deliver employee rights.