Your New Legal Obligation to Combat Sexual Harassment @ Work

The federal commencement of the Respect@Work legislation marks a significant turning point in the fight against gender-based violence in Australia. This reform mandates a positive legal duty on employers to take proactive steps to prevent sexual harassment and to foster safer, more respectful work environments. As we navigate this new landscape, businesses need to understand their obligations and the practical measures they can implement to comply.

The new positive duty mandates that employers actively create and maintain a work environment free from sexual harassment. This shifts the focus from merely reacting to incidents to preventing them. The legislation requires employers to:

• Identify and mitigate potential hazards related to sexual harassment.
• Establish clear policy guidelines and processes to address and prevent sexual harassment.
• Foster a respectful workplace culture where all employees feel safe and valued.

The Australian Workplace Crisis

Recent data has revealed the alarming extent of sexual harassment in Australian workplaces. Almost half of female-identifying and more than a quarter of male-identifying Australians have experienced sexual harassment at work, and fewer than one in five of these people sought advice or support in relation to the most recent incident they experienced. This demonstrates that a substantial percentage of incidents go unreported, often due to fear of retaliation or a belief that no meaningful action will be taken. This systemic issue highlights the urgent need for businesses to adopt a proactive stance.

The cost of inaction is substantial. Beyond the estimated $3.8 billion leakage to the Australian economy that sexual harassment cost in 2018, failing to address sexual harassment can erode trust, lower employee morale, and reduce productivity. The introduction of the new positive duty presents an opportunity for businesses to lead by example and make a significant impact on Australian workplace culture.

Practical Steps for Implementing the New Positive Duty

1. Conduct Comprehensive Risk Assessments: Understand the specific risks within your workplace by reviewing past incidents, surveying employees, and identifying areas where harassment is likely to occur.
2. Develop and Implement Robust Policies: Clear, comprehensive policies are essential. These should define what constitutes sexual harassment, outline reporting procedures, and specify consequences for violations. Ensuring these policies are accessible and well-communicated is essential.
3. Create a Supportive Reporting Environment: Encourage employees to speak up by providing multiple, confidential channels for reporting and sharing their stories. Ensuring confidentiality and protecting against retaliation are key components of a supportive reporting environment.
4. Monitor and Review Policies Regularly: Regularly evaluate the effectiveness of your policies and procedures. This involves analysing reported incidents, conducting follow-up surveys, and making necessary adjustments to improve your approach.

Why Compliance Matters

Compliance with the positive duty is a legal requirement and an ethical obligation. By taking proactive steps to prevent sexual harassment, businesses demonstrate their commitment to creating a safe and inclusive workplace environment. This protects your employees and enhances the overall health and productivity of your organisation.

Non-compliance has consequences. Beyond legal penalties, neglecting to address sexual harassment can lead to a toxic work environment, high employee turnover, and significant reputational damage. In an era where corporate responsibility and ethical practices are under increasing scrutiny, businesses cannot afford to fall short in this area.

Embracing the Opportunity

The introduction of the new positive duty to prevent workplace sexual harassment is more than a regulatory requirement; it is an opportunity for your company to lead by example. By taking proactive measures, businesses can create a culture of respect and dignity, ensuring that every employee feels safe and valued. This proactive approach mitigates risks and fosters a positive workplace culture, ultimately benefiting your organisation as a whole.

Employers can start by leveraging data-driven insights to understand the specific dynamics of their workplace. Comprehensive risk assessments can identify areas of concern, while robust policies and procedures ensure a clear framework for addressing issues. Creating a supportive reporting environment encourages employees to come forward, fostering a culture of transparency and trust. Regular monitoring and reviews ensure that policies remain effective and responsive to emerging challenges.

Moving Forward

As we move forward, it is crucial for businesses to embrace the Respect@Work policy principles. This involves complying with the letter of the law and committing to the spirit of the legislation. By proactively addressing sexual harassment, businesses can create safer, more respectful workplaces where every employee can feel safe and included.

The path to compliance may seem daunting, but it is a necessary journey. By taking these steps, businesses can protect their employees, enhance their reputation, and contribute to a broader cultural shift towards respect and equality. Respect@Work is an opportunity to make a lasting, positive impact on our workplaces and Australian society.

The new positive duty to prevent sexual harassment in Australia is a decisive step forward in creating safer, more respectful Australian workplaces. By understanding and embracing this responsibility, businesses can lead the way in fostering environments where every employee feels valued and respected. The time for action is now. Let’s work together to create a future where workplace respect is the norm, not the exception.