How will the proposed changes to sexual harassment laws impact employers?

One of the key changes to sexual harassment laws proposed in the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 is the introduction of a positive duty on employers to prevent sexual harassment and sex discrimination in workplaces. What this will mean is that the onus will be on employers to demonstrate that they are taking ongoing proactive, “reasonable and proportionate” steps to eliminate such conduct as far as possible, rather than simply responding to complaints of sexual harassment or discrimination from employees when they arise. What steps are considered to be “reasonable and proportionate” will vary depending on the organisation (there is “no one size fits all” approach) and will depend on matters such as the size of the business, its financial and other resources and the cost involved in taking those steps.

It is proposed that the Australian Human Rights Commission will have extended powers to conduct inquiries into organisations to ensure compliance with the positive duty, even in the absence of a complaint or grievance.

How can employers be proactive in complying with the proposed new laws?

In readiness for the passing of these laws, Cecilia White, Director of Perks People Solutions recommends that employers should now start the process of looking at what steps they can take to ensure they are complying with the positive duty. This may include initiatives such as:

• Regular training and education for staff and leaders (such as bystander awareness, discrimination and harassment training)
• Having proper policies and processes in place to prevent and address sexual harassment and sex discrimination
• Monitoring workplace culture, including employee surveys and feedback
• Providing clear options, processes and support for people who experience sexual harassment or sex discrimination

Read more about how you can protect your employees and your business from sexual harassment in this previous Insights article.