This article argues the case for a positive duty on employers for preventing racism in Australian workplaces.

Historical Context: Understanding Racism in Australia

Racism in Australia is deeply rooted in its history, beginning with colonisation in 1788. The dispossession, violence, and disruption of First Nations peoples’ cultural practices created a foundation for ongoing inequalities. Policies such as the Protection Acts and the forced removal of Indigenous children during the Stolen Generations (1910–1970) caused widespread trauma that continues to affect communities today (AIATSIS, 2022). Additionally, the White Australia Policy (1901–1973) institutionalised racial exclusion, shaping contemporary attitudes and systemic barriers for migrants and racial minorities (Markus, 2023).

How Racism Appears in Workplaces

Racism in workplaces continues to drive inequality, showing up in hiring biases, wage disparities, and everyday discrimination. For instance, research highlights that recruiters often favour candidates from dominant cultural backgrounds over equally qualified racial minorities (Adamovic, 2021). Migrants and minorities also face challenges such as the non-recognition of overseas qualifications and underrepresentation in leadership roles (Diversity Council Australia, 2023).

Everyday racism also manifests through microaggressions and exclusion, which undermine psychological safety, job satisfaction, and productivity. A Scanlon Foundation survey (2023) found that nearly 20% of Australians had experienced workplace racism. Unfortunately, many incidents go unreported due to fear of retaliation.

Why Australia Needs a Positive Duty for Preventing Racism in Australian Workplaces

Current anti-discrimination laws, such as the Racial Discrimination Act 1975, focus on addressing racism only after it happens. This reactive approach places the burden on individuals to lodge complaints, often at significant personal and professional cost. A positive duty would shift the focus to prevention, requiring employers to actively identify and eliminate racism within their organisations.

This idea builds on the Respect@Work recommendations, which introduced a positive duty for preventing workplace sexual harassment. Extending this framework to racism would compel employers to adopt preventative measures, fostering equity and inclusion while reducing harm.

Key Strategies for Preventing Racism in Australian Workplaces

To fulfil a positive duty, employers must take clear steps to address systemic barriers and build inclusive workplace cultures. Here are key strategies:

1. Develop Robust Anti-Racism Policies

Create policies that clearly define unacceptable behaviours, outline reporting mechanisms, and establish accountability. Transparent complaint processes and protection against retaliation are essential (Australian Human Rights Commission, 2020).

2. Provide Education and Training

Deliver training to address unconscious bias and promote cultural competence among employees. Research shows that training can reduce implicit bias and improve workplace interactions (Bezrukova et al., 2016). Programs should also educate staff on the historical and systemic roots of racism.

3. Use Inclusive Hiring Practices

Adopt diverse recruitment strategies to address systemic barriers, such as anonymised applications or targeted outreach programs.

4. Conduct Cultural Audits

Regularly review workplace culture to identify areas where racism or bias persists. Tools such as employee surveys and focus groups can provide data-driven insights into disparities in hiring, retention, and promotion practices (Deloitte, 2019).

Broader Anti-Racism Initiatives

Organisations should complement these efforts with initiatives such as:

  • Anti-Racism Taskforces: Teams dedicated to monitoring equity and advising on policy improvements.
  • Employee Resource Groups (ERGs): Networks that support underrepresented groups, promoting visibility and belonging.
  • Transparent Metrics: Publishing diversity and inclusion data to track progress and build trust (McKinsey & Company, 2020).

Why Taking Action Is Essential

Preventing workplace racism is both a moral obligation and a business advantage. Diverse and inclusive workplaces foster greater innovation, better decision-making, and stronger financial performance (McKinsey & Company, 2020). Additionally, addressing racism reduces turnover and absenteeism, saving businesses the costs of recruitment and lost productivity.

Failing to act exposes employers to legal and reputational risks. High-profile cases of discrimination can result in costly lawsuits and damage to an organisation’s brand. By embedding anti-racism practices into their core values, businesses can enhance their reputation, attract top talent, and secure long-term success.

Conclusion: A Call to Action

Implementing a positive duty to prevent racism in Australian workplaces is a necessary step forward. By creating robust policies, providing training, adopting inclusive recruitment practices, and conducting cultural audits, employers can address systemic barriers and foster equitable workplaces. These measures not only meet legal and ethical responsibilities but also unlock the social and economic benefits of diversity, strengthening both organisations and Australia’s social fabric.


References

Originally posted on LinkedIn

 

Related Reading:

“No to Division”: Colour-Blind Ideology and How it Harms

How to call out sexism or racism at work

Managing Backlash and Resistance to DEI

DEI State of Play: Current & Emerging DEI Focus Areas in Australia

 

Solutions:

Diversity & Inclusion Strategy

Unconscious Bias Training

Inclusive Leadership Training

Cultural Intelligence & Inclusion