Paste your essay in here…In practice, it is imperative that we are sensitive to the issues of discrimination, harassment and abuse, whether that includes our staff or patients. If there are reports made of such behaviour, the practice protocol should be applied. The protocol is a coordinated and comprehensive document that serves to effectively respond to the issue and protect the patient, staff and practice. The protocol outlines the actions to be taken, its reasoning and justification. The process of developing a protocol can help the practice perfect their policy on discrimination, harassment and abuse, to ensure that it is all-inclusive. It is essential that all staff receive training to ensure that they are aware of and adhere to the practice policy.
Defining Discrimination, Harassment and Abuse
Discrimination is when an individual is treated less favourably than another person due to their background or certain personal characteristics.1 This can include their race, sex, age, disability, pregnancy, sexual orientation and political opinion. Discriminatory treatment can involve harassment and/or abuse.1 Examples of harassment includes derogatory remarks made about an individual’s disability or asking inappropriate queries about their personal life.1
Example of discrimination in the workplace:
Jenny works as a Manager. Her Director informs all managers that they are traveling overseas for a conference. She lets him know that she is pregnant and following this, the Director retracts his decision to allow her to travel. This is because of her pregnancy. This is an example of discrimination as she was treated differently compared to her colleagues due to her pregnancy.2
The practice staff needs to be aware of what constitutes discrimination, harassment and abuse. In many cases, bullying can be confused as harassment or discrimination. It cannot be classified as discrimination if the actions are: not unlawful under the federal or state anti-discrimination law, does not relate to one of the personal characteristics and is associated with the requirements of the job.1
Discrimination in the Workplace: Towards a patient
As stated in the OBA: Optometry Code of Conduct an Optometrists decision about a patient’s access to care should be free from bias and discrimination. As a practitioner, you should not be discriminating a patient based on their race, religion, sex, disability or any other grounds as specified in the anti-discrimination legislation.3
A patient can make a direct complaint to the practice or towards AHPRA if they feel that they had been discriminated against. In such cases, it is imperative that the practice has a protocol that addresses direct complaints and a staff member should be appointed to deal with the case. The OA recommends that the complaint be resolved locally before it escalates to external agencies and legal involvement.3
Developing A Protocol in Practice: Workplace Concerns
Developing a protocol is collaborative process. Management and staff should contribute to the document by providing feedback to ensure that a cohesive document that matches the practice’s philosophy on such issues is produced. This will facilitate the strengthening of the relationship between staff, the staff and management and on the extension the optometrist to patient relationship to provide optimal eye care within an ethical framework.
The Protocol Must Identify:1
1. What constitutes discrimination, harassment and abuse, including specific examples
2. The information that is to be gathered
3. Guidelines for making decisions on what and when actions should be taken
4. How information is documented and reported
Importance in The Optometry Practice: Between Practice Staff
1. Fosters expectations around shared values and behaviour that aims to protect the staff, patents and practice
2. Establish the good practice of supporting staff who experience discrimination, harassment or abuse
3. Establish an internal procedure/framework for action upon an internal complaint
4. Assist the management and to be aware of obstacles experienced by staff in their daily duties
5. Adopt a consistent and clear response across the practice for all staff
By training the staff to be aware of the protocol, it will serve to reinforce the nature and consequences of harassment and seek to eliminate a hostile work environment. It will facilitate the cultivation of expectations of behaviour laterally (b.w. co-workers), upwards (subordinate to senior) and downwards (senior to subordinate).
Example Of When A Protocol Is Required: Sexual Harassment In The Workplace
According to the 2018 National survey, one in three people over the last five years had experienced sexual harassment.4 Furthermore, from the 2012 Sexual Harassment National Telephone survey, almost half of the respondents stated that the sexual harassment had ceased after they lodged a formal complaint.4 Thus, demonstrating the importance of having protocols in practice to guide the victim and hopefully help them achieve their desired solution.
Importance Of Dealing With Reports Of Discrimination, Harassment And Abuse In The Workplace:
Between Staff:
Between Staff: Harassment is associated with physiological health and well-being issues. It can foster emotions of anxiety, depression, post-traumatic stress, psychosomatic symptoms and burnout.5 This directly affects staff productivity, morale and job satisfaction, ultimately driving them to leave the job.5 It is also important to consider the quality of service delivered to patients will be adversely impacted and indirectly, so will the practice's profits.
Costs on The Employer: Financial burdens can arise from staff turnover, long-term leave, compensation claims and the costs of counselling programs. Furthermore, the involvement of external agencies and legal action due to formal external complaints can bring negative publicity to the practice.
The practice must respond to all complaints quickly. This will reinforce the practice's policy on workplace harassment, abuse and discrimination. Furthermore, under the WHS legislation, it is the Manager's duty of care to protect workers from psychological and physical risks.6
Protocol For Reporting Inappropriate Behaviour As Recommended By Comcare: Allegations Between Staff
If a staff member believes that they have been harassed, abused or discriminated against they should approach their practice manager for advice and assistance. Comcare has stated that workplace issues can be resolved through three mediums. It can follow an informal, formal internal or formal external process.7
Informal Process: 3 Step Process
Initially, if the employee is comfortable, they should approach the harasser and engage in a private conversation. They should structure the conversation to discuss the nature of their complaint and the outcome/solution they wish to achieve. If a resolution is not reached, the complainant can seek assistance from the Practice Manager.7 They will take on the role of approaching the aggrieved person and inform them of their behaviour towards the other staff.7 Should this fail, the manager can choose to resolve the issue through counselling, mediation or conciliation.6 If the issue remains unresolved, it may progress to a more formal resolution procedure.7
Formal Process:
A written request is to be lodged to management. It should include the action of concern and the desired outcome.6 Management will review the complainant request or elect a complaint officer. Following this, there will be an initial assessment of the complaint.6 This is important for identifying the nature and severity of the complaint, the need for immediate action and reduces the likelihood of significant time and resources allocated to frivolous complaints.6 The accused should also be advised of the complaint lodged against them through a face to face meeting with the manager.6
An investigation may follow the initial assessment, but this is not always necessary.6,7 This only occurs if complex issues arise that require clarification or if there are credible assertions of serious misconduct.6,7 The investigation serves to gather and analyse all relevant information to decide if the accusation is substantiated or if other contributing factors need to be considered. 6,7
Outcome of A Complaint:
The form of action will vary with each case. However, it should place a focus on preventing the reoccurrence of such behaviour and serve to re-establish and strengthen relationships within the workplace to promote a positive workplace culture.
Complaint is substantiated: The person may be required to participate in disciplinary counselling, write a formal apology or accept disciplinary action (suspension, transfer, dismissal).8
Complaint is not substantiated: Despite this, the practice can still take action. The assessment and/or the investigation may have highlighted gaps in the practice's policies and protocols. A practice should always strive to promote a positive environment that internalises ethical values and behavioural practices into the practice culture.5 Management can provide refresher training in regard to appropriate workplace behaviour, correct their policies to ensure that it is all-inclusive and distribute this document to all staff.8
Ultimately, it is critical that the practice handles cases of discrimination, abuse and harassment with discretion and sensitivity. These events will have a negative impact on the individual and the practice as a whole. By having a protocol in place, it will ensure that these cases are resolved efficiently and hopefully help maintain a non-hostile work environment.