Stronger workplace sexual harassment laws: Is your business prepared?
Several laws in Australia, including federal and state legislation, strongly prohibit sexual harassment in connection with work.
Over recent years, these laws have been tightening, with an increased focus on prevention.
Businesses are now expected to identify risks, take proactive measures, and update policies to address sexual and gender-based harassment, even before any incident is notified.
What is sexual harassment?
Gender-based harassment refers to behaviour targeting a person based on their sex, gender, or gender identity that is offensive, discriminatory, or degrading.
Examples include:
Derogatory comments or jokes about gender;
Bullying, intimidation, or exclusion due to someone’s gender identity; or
Undermining someone's credibility or dismissing their contributions based on gender.
Why this matters?
Workplace harassment can have detrimental outcomes for workplace morale, productivity, absence and staff turnover. Workplace harassment can also extend to reputational damage, particularly if the matter ends up attracting media attention.
Employees who experience harassment or discrimination can also file complaints in several courts which are investigated as a priority.
What should employers do?
Under The Fair Work Act and Sex Discrimination Act, an employer is required to take all reasonable steps to prevent, and therefore eliminate workplace harassment.
Simply waiting for a sexual harassment allegation before taking action, is no longer acceptable under this legislation.
Prevention is key.
We recommend employers take the following steps:
Identify risks of workplace sexual and gender-based harassment by developing documented risk assessments.
Implement a Prevention Plan that outlines steps to eliminate or minimise these risks, including clear reporting procedures and risk management action plans.
Undertake periodic staff checks to monitor workplace culture and behaviours.
Update health and safety policies to prohibit all forms of sexual and gender-based harassment.
Providing training to all employees to ensure they understand their rights, responsibilities, and how to report concerns.
Ensure all complaints are swiftly addressed, actioned.
Ensure all staff affected by inappropriate workplace behaviour are respected and supported.