Investigating systemic discrimination is one of the toughest challenges an employer can face. Unlike investigating a single incident of bullying, systemic issues are not about one “bad apple.” They are about checking policies, practices, and cultures to find unfair biases that are built into the system itself.
For Australian employers, understanding this is critical. With the new “Positive Duty” laws, you are now legally required to proactively identify and eliminate these risks.
This guide replaces outdated approaches with modern, data-driven strategies for undertaking a deep Melbourne workplace investigation into systemic bias.
The Hidden Nature of Systemic Discrimination
Systemic discrimination occurs when rules or practices that look neutral actually disadvantage a specific group of people.
Example: A company might have a policy that all shifts are 12 hours long. On paper, this applies to everyone. In practice, it may systematically exclude primary caregivers (often women) or people with certain disabilities, creating a barrier to employment.
Individual vs. Systemic
- Individual Discrimination: A manager refuses to hire someone because of their race.
- Systemic Discrimination: The company’s AI recruitment tool automatically filters out CVs with “non-anglo” names or foreign universities.
The Legal Framework: Australian Context
To investigate effectively, you must understand the local laws. Forget US or Canadian precedents; in Australia, we operate under:
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
- Fair Work Act 2009
Under these acts, employers have a responsibility to remove barriers. If a “neutral” policy has a discriminatory effect, it is unlawful unless it is “reasonable, necessary, and proportionate.”
Warning Signs: What the Data Says
Systemic issues rarely announce themselves. You have to look for them in the data. Concrete statistics often reveal what culture tries to hide.
Key Australian Statistics (2024):
- Gender Pay Gap: According to WGEA, the national total remuneration gender pay gap is 21.7%. If your internal gap mirrors this, you likely have systemic pay equity issues.
- Leadership Diversity: Diversity Council Australia reports that while 95% of ASX 300 CEOs are Anglo-Celtic, the Australian workforce is far more diverse. A lack of diversity in your upper management is a red flag for systemic barriers in promotion pipelines.
How to Conduct a Systemic Investigation
Standard “incident-based” investigation methods fail here. You cannot just interview two people and close the file. You need a broader approach.
1. Data Collection & Pattern Analysis
Don’t just look at complaints. Look at the numbers.
- Hiring Rates: Are you interviewing diverse candidates but only hiring one demographic?
- Promotion Velocity: Do men get promoted faster than women in your org?
- Retention: Are Indigenous employees leaving within the first 12 months at a higher rate than non-Indigenous staff?
2. Policy Audits
Review your written policies for inherent bias. Look for “cultural fit” clauses in hiring manuals, which often serve as a cover for unconscious bias.
3. Qualitative Feedback (The “Safe Channel”)
Often, victims of systemic bias won’t file a formal complaint because “that’s just how things are here.” You may need to conduct anonymous cultural surveys.
However, if surveys reveal specific allegations of bullying, you may need to pivot to a formal harassment investigation in Geelong or your specific location to address the individual misconduct revealed by the data.
Regional Considerations
Systemic discrimination isn’t just a “big city” problem. Regional businesses face unique challenges regarding exclusion and community dynamics.
Whether you are in the CBD or conducting a workplace investigation in Wangaratta, the legal obligation to provide an inclusive environment is identical. Regional employers must be vigilant that “local tradition” does not cross the line into exclusion.
Conclusion
Moving from investigation to transformation is the goal. Identifying systemic discrimination is painful, but fixing it unlocks massive potential.
By removing barriers, you don’t just avoid lawsuits—you gain access to a wider talent pool and create a culture where people want to stay.
Need a Systemic Review?
Jolasers specialises in complex, data-driven workplace investigations across Victoria.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Melbourne | Geelong | Wangaratta
Common Questions
What is ‘Indirect Discrimination’?
This is another term for systemic discrimination. It happens when a rule applies to everyone but disadvantages a group with a protected attribute (like race or disability) and is not reasonable.
How do I prove systemic bias?
It is usually proven through data (statistics showing disparities) and patterns of behaviour, rather than a single “smoking gun” email.
Why use an external investigator?
Systemic issues often involve senior leadership or HR policies. Internal teams may be too close to the problem to see it objectively, or fear retaliation for pointing it out.