The newly elected Labor Government is re-visiting recommendations emanating from the Sex Discrimination Commissioner’s Respect@Work Report from 2020 and introducing new legislation to further address sexual harassment in the workplace. This proposed new legislation is in addition to the changes introduced in September last year, and is likely to become law later this year or early next year.
The changes, to be introduced under the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill, puts the onus on businesses to protect their workers from harassment. It focuses on seven recommendations from Jenkins’ report including expressly banning hostile conduct on the basis of sex.
What This Means for Employers
The key changes for employers is that they will have to move from reactive to a proactive approach in preventing sexual harassment and discrimination in the workplace. There is also a provision to ensure that staff are protected from sexual harassment from customers. This is going to have a particular impact on the hospitality and retail sector
What that means in practice is that all businesses need to have a prevention plan in place. Employers should be conducting regular staff surveys and undertake a comprehensive risk assessment to identify the risks and risk areas and implement strategies to reduce or eliminate the risk of sexual harassment occurring in the workplace.
The organisation’s sexual harassment and discrimination policy should be updated and be communicated to all staff. This includes ensuring that there is a grievance process to the followed and how any investigation shall be conducted. A policy on its own is no longer sufficient.
Additionally, it is highly recommended that training for all staff on sexual harassment should be undertaken.
So, businesses will need to act now and start reviewing policies and procedures and ensuring staff are educated on sexual harassment in the workplace. Effective Workplace Solutions can provide advice and assistance on the necessary strategies and in reviewing your sexual harassment policies to ensure that they are compliant with these changes, please contact us.
Further, Effective Workplace Solutions can undertake the necessary training for all staff and managers to ensure that all staff are properly educated so that your business can demonstrate that you are being proactive in this space. If you would like details on the delivery of this training, please contact us.
Greg Arnold – Director & Principal Consultant
Disclaimer: This article provides a summary only of the subject matter without the assumption of a duty of care by Effective Workplace Solutions. No person should rely on the contents as a substitute for legal of other professional advice.