June 13, 2023

Understanding Sexual Harassment Laws: Your Obligations as an Employer

Discover your legal obligations as an employer and how to prevent sexual harassment in the workplace, including risk assessment and policy implementation

As an Employer, it is your responsibility to ensure that all employees, including temporary staff, are protected from sexual harassment in the workplace.

Under the Work Health and Safety Act 2011, a person conducting a business or undertaking has a duty to eliminate risks to the health and safety of workers and others so far as is reasonably practicable - this extends to sexual harassment of temporary staff. At the national level, sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth). Sexual harassment is also prohibited by state and territory anti-discrimination laws.

Have you considered the following in your organisation?

Have you conducted a risk assessment to:

  • Identify the hazard
  • Assess the associated risks
  • Implement control risks
  • Regularly review control measures to ensure they remain effective

Some food for thought:

  • Do you have an adequate policy on preventing and addressing workplace sexual harassment?
  • Do managers and supervisors have an adequate understanding of workplace sexual harassment and how to respond to complaints?
  • How do you display strong leadership and commitment to eliminating sexual harassment (i.e. is this part of the performance indicators for your management team)?
  • What approaches do you take to improve knowledge of workplace expectations and behaviours (i.e. training and education activities)?
  • Does your organisation support open and transparent feedback that focuses on the perceptions of workplace culture and sexual harassment?
  • What support mechanisms do you have in place to prioritise employee wellbeing including before an employee reports sexual harassment, after they report it and during any formal investigation processes?
  • What mechanisms are available to employees to report workplace sexual harassment?
  • Have you considered third-party sexual harassment (i.e. committed by clients, patients or members of the public in a workplace setting) and how to reduce the risk of this occurring?
  • Do you review your risk management systems regularly or after addressing a report of sexual harassment to identify any underlying factors or opportunities to improve your risk management systems?

As an employer, it is crucial to take proactive measures to prevent sexual harassment in the workplace and create a culture of respect and safety for all employees. By conducting regular risk assessments, implementing effective policies and support mechanisms, and prioritizing employee well-being, you can help eliminate the risk of sexual harassment and foster a positive workplace environment. Remember, it is not just a legal obligation, but a moral responsibility to protect your employees from sexual harassment.

If you need any advice and need help, please reach out at hello@hrdynamics.com.au or 1800 877 747

DISCLAIMER
The information available on this website is intended to be a general information resource regarding matters covered and it is not tailored to individual specific circumstances or intended as a substitute for legal advice. Although we make strong efforts to make sure our information is accurate, HR Dynamics cannot guarantee that all the information on this website is always correct, complete, or up-to-date. HR Dynamics recommendations and any information obtained on this website do not constitute legal advice.

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