Going backwards: failing to change the workplace

A man who was a middle manager in the human services industry wanted to negotiate more flexible working arrangements so he could take care of his young children. He said that after he did this he was harassed and bullied by the manager … The man become very stressed, went on leave and made a complaint of carers' responsibilities discrimination to the board. The complaint was conciliated when the respondent agreed to pay him a separation payment and compensation totalling $10,000 in exchange for his resignation.

Whatever happened to the manager who "bullied and harassed" him for trying to take care of this young children? What did the company do to ensure this did not occur again?

This disturbing view of success was identified in the first Law Reform Commission Review Report which stated, "because the majority of complaints of discrimination are resolved at successful conciliation and because the outcomes reached at conciliation are private, conciliation precludes the development of community education initiatives and thus impedes efforts to promote awareness of, and compliance with, provisions of the ADB."

The ADB argues that the “intelligence” obtained from these confidential conciliated cases enables them to focus their prevention and education efforts.

According to ADB’s 2005-06 Annual Report, two highlights of their intelligence-driven education program were a state-wide colouring competition and information sessions for the deaf community. Education in the corporate sector amounted to three employer seminar programs and 645 in-house training sessions. The NSW Chamber of Commerce currently lists over 5,000 members. The ADB’s education and prevention impact is clearly limited.

Most workplaces have introduced programs to prevent discrimination and bullying. These are often based on information published by the ADB. During the conciliation process, employers point to these programs as evidence of how they proactively prevent bullying. Are they successful?

Professor Sutton writes, "posting them on a wall or Web site or talking about them are - alone - useless acts. And if these values are routinely violated and not steps are taken to enforce them, these hollow words are worse than useless … (as the) organisation and its leaders are seen as hypocrites which fuels cynicism and scorn.”

In the same Second Reading, Premier Wran, described a time when "people of any colour, race or sex are accorded equality without resort to the protection of the law". Thirty years later the protection afforded by the NSW Anti-Discrimination Board has dissipated into a bureaucracy obsessed with processes over people and payouts over prevention. Perhaps is time to revisit the former Premier's vision, at least as a starting point. Professor Sutton's No Asshole Rule might help as well.