Did you know that Australia has the strongest laws regarding sex discrimination and harassment in the workplace?
It has been a year since Respect@Work laws passed and from November 2023, the Australian Human Rights Commission will have the power to enforce these obligations against your business. The question you need to ask is:
Have you, or your business, actively taken reasonable steps to eliminate sexual harassment, sex discrimination, hostile workplace conduct and victimisation?
Just because you have a workplace code of conduct or provide some training on what is acceptable behaviour around the workplace doesn't mean you have met your legal obligations.
Taking "reasonable steps" might take into account the size, nature and circumstances of your business but you should recognize that the law not only imposes a more stringent and proactive duty on businesses to eliminate sexual harassment and other sex-based conduct, it also lowers the threshold for what constitutes sexual harassment from "seriously demeaning" to "demeaning" conduct.
If in the last year, you haven't considered Respect@Work, start thinking about the following.
1. Review your workplace culture.
What core values, goals and messaging do you want to convey to your employees?
2. Conduct a formal risk assessment or audit to identify risks of sexual harassment.
Consider how your workplace is arranged, the formality in daily engagements and other factors. Ensure this risk register is documented and identifies how the business is actively controlling sexual harassment risk. You should also consider engaging an independent third party to assist with your assessment and consult with employees.
3. Ensure there is a strong position taken by the business on sexual harassment.
Aside from reviewing and amending a formal policy, take active steps to reiterate the business position. This will include face to face training that is catered to the employee at their relevant level (executive versus manager vs independent contributor, at a minimum), aligning all standard employment agreement and service agreement templates having obligations to comply with formal policies, and also implementing adequate supervision and management processes to protect employees from such conduct.
4. Have a strong complaints framework in place to deal with reports of sexual harassment.
This process must be clearly defined. Ensure all employees know how they can make reports. Consider how whistleblowing laws in Australia might apply.
5. Monitor the workplace and keep records
of whether inappropriate incidents occur, where it occurred, how they are dealt with, who it might have impacted. This data is key to managing sexual harassment risks.
6. Make clear victimisation is never tolerated.
Someone who comes forward with a complaint will be protected.
The time for change is now. So, if you have any questions, contact Pongan Legal!
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