Purpose

At Mooroolbark Baptist Church, we deeply value the safety, well-being, and dignity of every individual who steps through our doors. We want our approach to all people to reflect Christ's love. By effectively implementing our Workplace discrimination and harassment Policy, we will enable a safe working environment for our workers and visitors.

Scope

This Policy applies to all employees, ministry leaders, church leadership and volunteers at Mooroolbark Baptist Church. This includes full-time, part-time or casual, temporary or permanent staff; job candidates; student placements, apprentices, contractors, sub-contractors and volunteers (from now on all will be referred to as ‘workers’)

The Policy applies to:

•       how Mooroolbark Baptist Church provides services and how it interacts with other members of the public

•       all aspects of employment, recruitment and selection; conditions and benefits; training and promotion; task allocation; shifts; hours; leave arrangements; workload; equipment and transport

•       on-site, off-site or after hours work; church-related social functions; conferences – wherever and whenever workers may be as a result of their Mooroolbark Baptist Church duties

•       workers treatment of other workers, of church members, ministry attendees, visitors, and of other members of the public encountered in the course of their Mooroolbark Baptist Church duties.

Policy background

Biblical context

The New Testament includes a range of directions for the care of others. All Christians have a duty of care to one another and behave towards one another in accordance with their faith, in a manner that exemplifies their faith and demonstrates their love for one another.

Keep watch over yourselves and all the flock of which the Holy Spirit has made you overseers. Be shepherds of the church of God, which he bought with his own blood. Acts 20:28 New International Version (NIV)

The second is this: ‘Love your neighbour as yourself.’ There is no commandment greater than these.” Mark 12:31 (NIV)

So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets. Matthew 7:12 (NIV)

“Do not judge, or you too will be judged. For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you. “Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye? How can you say to your brother, ‘Let me take the speck out of your eye,’ when all the time there is a plank in your own eye? You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye. Matthew 7:1-5 (NIV)

Whoever claims to love God yet hates a brother or sister is a liar. For whoever does not love their brother and sister, whom they have seen, cannot love God, whom they have not seen. 1 John 4:20 (NIV)

Brothers and sisters, do not slander one another. Anyone who speaks against a brother or sister or judges them speaks against the law and judges it. When you judge the law, you are not keeping it, but sitting in judgment on it. There is only one Lawgiver and Judge, the one who is able to save and destroy. But you—who are you to judge your neighbour? James 4:11-12 (NIV)

Legislative context

The Equal Opportunity Act 2010 (Vic) prohibits unlawful discrimination in the form of direct and indirect discrimination. Discrimination is also unlawful under federal legislation, including the Age Discrimination Act 2004 (Cth), Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Disability Discrimination Act 1992 (Cth); Human Rights and Equal Opportunity Commission Act 1986 (Cth); and the Fair Work Act 2009 (Cth) which may change from time to time.

Harassment is unlawful under the Victorian Equal Opportunity Act 2010. Sexual harassment is unlawful under the Victorian Equal Opportunity Act 2010 and under federal legislation (Sex Discrimination Act 1984 (Cth)).

Key policy statements

1.        Mooroolbark Baptist Church is committed to taking reasonable steps to ensure a workplace free of all forms of discrimination and harassment.

2.        This Policy is intended to ensure that there is a shared understanding amongst all workers of the expectations of Mooroolbark Baptist Church in regards to acceptable and appropriate behaviour within the workplace.

3.        It is the primary responsibility of those in leadership roles at Mooroolbark Baptist Church to take reasonable measures to provide a working environment free from discrimination and harassment.

4.        It is the responsibility of every worker at Mooroolbark Baptist Church to not participate in discriminatory or harassing behaviour within the workplace.

5.        Mooroolbark Baptist Church is dedicated to implementing a proactive approach by taking reasonable steps such as educating workers (as defined by this Policy); as well as continuing to monitor behaviour and endeavouring to prevent any disputes from occurring in the first instance, even in the absence of a formal dispute/grievance.

Worker rights and responsibilities

All workers are entitled to:

•       recruitment and selection decisions based on merit and not affected by irrelevant personal characteristics

•       work free from discrimination, bullying and sexual harassment

•       the right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner without being victimised

•       reasonable flexibility in working arrangements, especially where needed to accommodate their family responsibilities, disability, religious beliefs or culture.

All workers must:

•       follow the standards of behaviour outlined in this policy

•       offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint

•       avoid gossip and respect the confidentiality of complaint resolution procedures

•       treat everyone with dignity, courtesy and respect.

Additional responsibilities of diaconate members and ministry leaders

Diaconate members and ministry leaders must also:

•       model appropriate standards of behaviour

•       take steps to educate and make workers aware of their obligations under this policy and the law

•       intervene quickly and appropriately when they become aware of inappropriate behaviour

•       act fairly to resolve issues and enforce workplace behavioural standards, making sure relevant parties are heard

•       help workers resolve complaints informally

•       refer formal complaints about breaches of this policy to the appropriate complaint handling person for investigation

•       ensure workers who raise an issue or make a complaint are not victimised

•       ensure that recruitment decisions are based on merit and that no discriminatory requests for information are made

•       seriously consider requests for flexible work arrangements.

Policy Implementation

All forms of discrimination, harassment, bullying and sexual harassment are unacceptableat Mooroolbark Baptist Churchand are unlawful pursuant to the legislation identified by this policy.

Any workers, as defined by this Policy, found to have engaged in such conduct may be counselled, warned or disciplined. Severe or repeated breaches can lead to formal discipline up to and including dismissal.

Discrimination

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.

Discrimination can occur:

Directly, when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law (see list below).

For example, a worker is harassed and humiliated because of their race
or
A worker is refused promotion because they are ‘too old’

Indirectly, when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law (see list below).

For example, redundancy is decided based on people who have had a worker’s compensation claim rather than on merit.

Protected personal characteristics under Federal discrimination law include:

•       a disability, disease or injury, including work-related injury

•       parental status or status as a carer, for example, because they are responsible for caring for children or other family members

•       race, colour, descent, national origin, or ethnic background

•       age, whether young or old, or because of age in general

•       sex and gender identity

•       industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union

•       religion

•       pregnancy and breastfeeding

•       sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual

•       marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship

•       political opinion

•       social origin

•       medical record

•       physical features

•       irrelevant criminal conviction (under the Australian Human Rights Commission Act 1986 (Cth))

•       an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.

It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.

It is important to note that from a legal perspective, it is irrelevant whether or not the discrimination was intended.

Bullying

Please refer to the MBC Anti-Bullying Policy

Harassment

A person unlawfully harasses another person if he or she makes that other person (another employee or member of the public) feel offended, humiliated or intimidated because of one of the protected attributes listed above. It may involve inappropriate actions, behaviour, comments or physical contact that is objectionable or causes offence.

It is important to note that from a legal perspective it is irrelevant whether or not the harassing behaviour was intended.

Unlawful harassment may have occurred if the behaviour makes the victim feel;

·      offended and humiliated,

·      intimidated or frightened, and/or

·      uncomfortable at work.

Sexual harassment

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:

•       comments about a person’s private life or the way they look

•       sexually suggestive behaviour, such as leering or staring

•       brushing up against someone, touching, fondling or hugging

•       sexually suggestive comments or jokes

•       displaying offensive screen savers, photos, calendars or objects

•       repeated unwanted requests to go out

•       requests for sex

•       sexually explicit posts on social networking sites

•       insults or taunts of a sexual nature

•       intrusive questions or statements about a person’s private life

•       sending sexually explicit emails or text messages

•       inappropriate advances on social networking sites

•       accessing sexually explicit internet sites

•       behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.

Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work.

All workers as defined by this Policy have the same rights and responsibilities in relation to sexual harassment. In Victoria, co-workers can be named sole respondents in cases of alleged sexual harassment.

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.

All incidents of sexual harassment – no matter how large or small or who is involved – require employers and those in leadership roles to respond quickly and appropriately.

Mooroolbark Baptist Church recognises that comments and behaviour that do not offend one person can offend another. This Policy requires all workers to respect other people’s limits.

Victimisation

Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law.

It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.

Victimisation is a very serious breach of this Policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator.

Mooroolbark Baptist Church has a zero tolerance approach to victimisation.

Gossip

It is unacceptable for workers at Mooroolbark Baptist Church to talk with other workers, members or visitors about any complaint of discrimination or harassment. Management team members including Elders, Diaconate and the Pastoral leadership team may need to discuss complaints in certain circumstances such as where a small team of people go to visit someone as part of the resolution process. Careful consideration should be used when sharing information even within the leadership teams.  

Breaching the confidentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a diaconate member or ministry leader) is a serious breach of this Policy and may lead to formal discipline.

Merit

It is unacceptable and may be against the law to ask job candidates questions, or to in any other way seek information, about their personal characteristics, unless this can be shown to be directly relevant to a genuine requirement of the position. Workers involved in recruitment and job selection of paid staff employment will ensure their processes follow lawful practices.

Religious exemptions

From 14 June 2022, the Victorian Government made adjustments to the Equal Opportunity Act 2010 (Vic). Unless another non-religious exemption applies, religious bodies and schools are not allowed to discriminate against people based on the protected personal characteristics as listed in this Policy, with regard to employment decisions or decisions about school students.

Religious bodies and schools cannot dismiss, refuse to employ, or otherwise discriminate against employees (and potential employees) because of one of the protected personal characteristics listed in this Policy. Religious bodies and schools can only discriminate against employees and potential employees based on the person’s religious belief or activities, and where:

·      Conformity with religious beliefs is an inherent (core, essential or important) requirements of the job

·      The person cannot meet that inherent requirement because of their religious beliefs or activity; and

·      The discrimination is reasonable and proportionate in the circumstances

Religious bodies can still discriminate based on one of the protected personal characteristics as listed in this Policy in other circumstances but the discrimination must:

·       Conform with the doctrines or beliefs of the religion;

·       Be reasonably necessary to avoid injury to religious sensitivities of adherents of the religion; and

·       Be reasonable and proportionate to the circumstances.

It is important to note that individuals cannot discriminate in the circumstances covered by the Equal Opportunity Act 2010 (Vic) to comply with their religious beliefs.

Resolving of issues

Mooroolbark Baptist Church encourages any staff member who believes they have been discriminated against, bullied, sexually harassed or victimised to take appropriate action by talking to the relevant ministry leader, Elder, a member of the Diaconate or Pastor.

Early intervention

Depending on the nature of the issue, early intervention may be an option for resolving a matter without a formal report or investigation. Early intervention is possible through an individual self-managing a situation or seeking help from someone else to raise the issue.

Intervention by Church Leadership/Ministry Leaders

Church Leadership and ministry leaders should immediately intervene in discrimination or harassment issues that they directly observe in the workplace or if a member of their team asks them to intervene. A church leader or ministry leader who approaches an individual directly about their behaviour should record the action taken. Leadership should have access to support in knowing how and when it is appropriate to escalate an issue.

Church Leadership and ministry leaders should provide support and assistance to all workers and volunteers involved in a case of discrimination or harassment, including potential complainants and respondents, witnesses and bystanders. Leadership should also ensure they seek any support or assistance they require.

Training plays an important role in the early intervention of workplace bullying. Employers should ensure workers are trained to recognise discrimination and harassment behaviour and to adjust their behaviour accordingly before it becomes an issue.

Roles and Responsibilities

All paid workers, Church Leadership and Ministry Leaders are responsible for the following:

•       Implementing this Policy within the organisation and workplace.

•       Promoting and facilitating a culture at Mooroolbark Baptist Church that actively discourages discrimination and harassment.

•       Being aware of the legislative requirements relating to discrimination and harassment.

•       Ensuring that all workers and volunteers are aware that unlawful discrimination and harassment is not tolerated.

•       Treating all complaints seriously and taking immediate action to resolve them.

•       Ensuring that all decisions regarding matters of discrimination and harassment are made in a fair and equitable manner.

•       Responding immediately to inappropriate behaviour, clearly articulating zero tolerance for discrimination and harassment behaviours.

•       Ensuring that allegations of unlawful discrimination and harassment are quickly and constructively addressed in accordance with this Policy.

•       Being a positive role model.

All other volunteers are responsible for the following:

•       Ensuring they behave in a manner which is free of unlawful discrimination and harassment.

•       Respecting the rights of others to be treated fairly and equitably.

•       Contributing to a culture at Mooroolbark Baptist Church that actively discourages discrimination and harassment.

•       Participating in activities aimed at raising awareness and addressing issues relating to workplace bullying.

Definitions

The following definitions are used for the purpose of this document:

·      Workplace: Any space used by Mooroolbark Baptist Church’s workers or volunteers to conduct ministry activities.

·      Workers: Employees (Paid workers) or volunteers, (which include ministry leaders, team members and any other person volunteering at Mooroolbark Baptist Church.)

·      Employer: Mooroolbark Baptist Church, managed by the Diaconate.

·      Ministry Leaders: Responsible heads/leaders of Ministry groups

·      Church Leadership: Pastors, Elders and members of the Diaconate

Related legislation

•      Age Discrimination Act 2004 (Commonwealth)

•      Charter of Human Rights and Responsibilities 2006 (Victoria)

•      Disability Discrimination Act 1992 (Commonwealth)

•      Equal Opportunity Act 2010

•      Fair Work Act 2009 (Commonwealth)

•      Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth)

•      Occupational Health and Safety Act 2004 (Victoria)

•      Racial Discrimination Act 1975 (Commonwealth)

•      Sex Discrimination Act 1984 (Commonwealth)

•      Workplace Relations Act 1996 (Commonwealth)