Sexual harassment, sexual misconduct and discrimination
Do you know how to respond to a sexual harassment complaint?
Recent legislative changes mean that employers and businesses now have a positive duty to take ‘reasonable and proportionate measures’ to eliminate unlawful sex discrimination, including sexual harassment, as far as possible. These and other reforms significantly increase employers’ obligations.
If the employer fails to comply, they can receive a compliance order or be required to give an undertaking.
Failing to act on harassment can lead to:
- Low staff morale and high staff turnover and recruitment and training costs
- lost productivity
- higher workers compensation, sick leave and legal costs
- reputational damage
Did you know:
- One in three employees (33%) have experienced workplace sexual harassment in the last 5 years.
- Sexual harassment is serious misconduct and a person who has committed it can be dismissed without notice under the Fair Work Act
- A worker who is being harassed or their union can apply to the Fair Work Commission to deal with a sexual harassment dispute
What is sexual harassment?
Under the Sex Discrimination Act 1984, sexual harassment is unwelcome conduct of a sexual nature, where a reasonable person would anticipate the possibility that the person being harassed would feel offended, humiliated or intimidated by the behaviour.
Examples include:
- suggestive jokes or comments
- leering or staring
- inappropriate physical contact
- sexually explicit pictures, posters, emails or messages
- intrusive questions about a person’s private life or body
Workplace sexual harassment is a known workplace hazard that can cause psychological and physical harm, exposing employers to liability and compensation claims.
Harassment on the grounds of sex is also unlawful. This is unwelcome conduct of a seriously demeaning nature, carried out by reason of the sex of the harassed person or a characteristic generally appertaining or imputed to a person of that sex.
Finally, subjecting another person to a workplace environment that is hostile on the grounds of sex occurs when conduct by one person at work results in a workplace environment that is offensive, intimidating or humiliating to a person of the sex of another person. This is also unlawful.
Employers have a positive obligation to prevent these types of conduct in their workplaces and manage the associated work health and safety risks.
How can AWARE help?
Stopping sexual harassment is not just about addressing individual misconduct.
WEIR provides a comprehensive service, including:
- triaging complaints and guiding you on how to respond
- timely, fair and skilled investigations of allegations with a trauma-informed approach
- advice on how to prevent such conduct
- training on appropriate workplace behaviour
- surveys to assess your workplace culture and safety
Our services are available nationwide, both face-to-face and virtual. Contact us to speak to a consultant.