Australia’s Workplace Sexual Harassment Legislation & Law That Companies Need to Know

Sexual harassment in the workplace is a serious issue that has far-reaching consequences for both individuals and organisations. In Australia, sexual harassment legislation plays a critical role in protecting employees and ensuring that workplaces are safe and respectful environments. This article will cover the key aspects of Australia’s sexual harassment legislation, recent changes, and what companies need to know to stay compliant.

Understanding Sexual Harassment Legislation in Australia

Sexual harassment legislation in Australia is designed to prevent and address inappropriate behaviour in the workplace. According to the Sex Discrimination Act 1984, sexual harassment is unlawful and can occur in various forms, including unwelcome advances, requests for sexual favours, and any other conduct of a sexual nature that makes an individual feel offended, humiliated, or intimidated.

The legislation requires employers to take proactive steps to prevent sexual harassment and respond promptly and effectively to any complaints. This includes establishing clear policies, providing training, and ensuring that all employees understand their rights and responsibilities.

What is sexual harassment at work?

It is critical to understand what sexual harassment is and how to handle this type of situation before attempting to eliminate sexual harassment within the workplace. Understanding this allows both businesses and employees alike to recognise the boundaries of their interactions in a work environment.

The behaviours depicted below are some examples of sexual harassment:

• If someone makes a sexual advance that is unwelcome

• If someone requests a sexual favour that is unwelcome

• If someone hints at any kind of unwelcome sexual activity

 

The above list includes some examples of sexual harassment but is by no means all-inclusive. The amendments to the legislation have cemented that sexual harassment at work is a form of serious misconduct and might be a valid reason for termination of employment under the FW Act.

Sexual Harassment in the Workplace Legislation: Key Provisions

 

 

Sexual harassment in the workplace legislation includes several key provisions that employers must be aware of. These provisions outline the responsibilities of employers and the rights of employees, ensuring that workplaces are free from harassment. Key aspects include:

• Employer Responsibility: Employers are required to take all reasonable steps to prevent sexual harassment in the workplace. This includes implementing policies, providing training, and ensuring that employees understand the consequences of such behaviour.
• Employee Rights: Employees have the right to work in an environment free from sexual harassment. They are also entitled to report any incidents without fear of retaliation.
• Complaint Handling: Employers must have a clear and accessible process for handling complaints of sexual harassment. This includes ensuring that complaints are taken seriously, investigated promptly, and resolved appropriately.
• Legal Consequences: Failure to comply with sexual harassment legislation can result in significant legal consequences for employers, including fines and damages awarded to affected employees.

New Sexual Harassment Legislation in Australia

Recent changes to Australia’s sexual harassment legislation have introduced new requirements for employers. These changes are part of ongoing efforts to strengthen protections against sexual harassment in the workplace. Key changes include

• Positive Duty to Prevent Sexual Harassment: The new sexual harassment legislation introduces a positive duty on employers to take proactive steps to prevent sexual harassment. This means that employers must actively work to create a safe and respectful work environment, rather than simply responding to incidents after they occur.
• Increased Penalties: The new legislation includes increased penalties for employers who fail to comply with their obligations. This includes higher fines and the potential for more significant legal action.
• Broader Definitions: The changes to the legislation also include broader definitions of what constitutes sexual harassment, ensuring that a wider range of behaviours are covered under the law.

 

Sexual Harassment Legislation Changes: What Companies Need to Do

In light of the recent sexual harassment legislation changes, companies must take immediate action to ensure compliance. Here are some key steps that employers should take

1. Review and Update Policies: Employers should review their existing sexual harassment policies and make any necessary updates to ensure they align with the new legislation. This includes ensuring that the policies are comprehensive, clearly communicated, and accessible to all employees.
2. Provide Training: Providing regular training on sexual harassment and the new legislation is essential. This training should cover what constitutes sexual harassment, how to report it, and the consequences of such behaviour.
3. Implement a Clear Complaint Process: Employers should have a clear and accessible process for handling complaints of sexual harassment. This process should be confidential and impartial, and ensure that all complaints are taken seriously and addressed promptly.
4. Monitor and Review: Regularly monitoring and reviewing workplace practices is crucial to ensuring compliance with the new legislation. Employers should regularly assess their workplace culture, conduct surveys, and seek feedback from employees to identify any areas for improvement.

The factor of power that relates to sexual harassment

There are numerous cases when someone has been sexually harassed, but they feel that their career could be jeopardised if they speak out. Typically, this could be due to the perpetrator being in a position of power. Some people in positions of authority and power, misguidedly take advantage of their position and utilise the power vested in them to intimidate others or to leverage others to get them to do what they want, some examples include securing a job, a promotion, or just to retain a job.

 

Protecting people in a work environment is essential

The need for proper regulations that protect employees from sexual harassment has always been evident. With that said, there are many situations that demonstrate that employees can feel intimidated and alone after becoming victims of sexual harassment.

 

The Sex Discrimination and Fair Work Amendment Bill are attempting to ensure that employees can feel protected and treated with fairness in all scenarios. This is an important evolutionary phase to ensure that this type of behaviour stops within the workplace. Employees should feel safe coming to work every day and not have to worry about being subjected to unwelcome sexual harassment.

 

The Bill has been modified and updated in the following ways:

• Any worker that feels in any way sexually harassed can apply for a Fair Work Commission order to Stop Sexual Harassment.

• When Sexual Harassment is connected to a person’s employment, this could be a valid reason for the dismissal of that individual.

• Anyone who experiences a miscarriage or is the partner of a person who does will be provided two days of paid compassionate leave (unpaid for casuals).

• Discrimination including harassment on the ground of sex is prohibited.

• Complaints by or against judges, public servants, and members of parliament are allowed.

• Protections related to sexual harassment will extend to both paid and unpaid workers and this includes interns, self-employed, and volunteers.

 

In addition to the above, the period available to make a complaint has been extended from six months to two years under the Sex Discrimination Act.

HR Support Services for Sexual Harassment Compliance

Managing compliance with sexual harassment legislation can be challenging for many companies. At HR Expertise, we offer comprehensive HR support services to help businesses navigate the complexities of workplace legislation. Our services include

• Policy Development: Assisting companies in developing and updating sexual harassment policies to ensure they are compliant with the latest legislation.
• Training Programs: Providing tailored training programs that educate employees about their rights and responsibilities under sexual harassment legislation.
• Complaint Handling Support: Offering guidance and support in establishing and managing a clear complaint process to address any issues that arise.
• Ongoing Compliance Monitoring: Regularly reviewing and monitoring workplace practices to ensure ongoing compliance with sexual harassment legislation.

Learn more about our HR support services to ensure your business is compliant with all employment regulations.

 

Understanding and complying with Australia’s sexual harassment legislation is not just a legal requirement; it’s a fundamental part of creating a positive workplace culture. By implementing the steps outlined in this guide and seeking professional HR support services, companies can ensure they are meeting their obligations and creating a safe and supportive environment for all employees. HR Expertise is here to help you navigate these challenges and implement effective strategies that benefit both your employees and your business. Contact us today to learn more about how we can support your HR needs.