Sexual Harassment compliance standards
Sexual Harassment compliance standards – The AHRC has developed 7 standards for employers/organisations to adhere to in relation to the compliance with the new Positive Duty to take ‘reasonable and proportionate measures’ to eliminate, as far as possible, unlawful sex discrimination, including sexual harassment, sex-based harassment, hostile work environments and victimisation.
This duty coexists with existing duties under work health and safety laws, including the duty of employers to provide a safe working environment for workers, so far as reasonably practicable.
The Australian Human Rights Commission concluded in the Respect@Work report that a positive duty shifts the burden from individuals making complaints to employers taking proactive and preventative action.
As the positive duty is an ongoing duty, it shifts the emphasis from a complaints-based model to one where employers must continuously assess and evaluate whether they are meeting the requirements of the duty.
Under this new duty, it will be imperative that all employers and organisations adopt preventative measures to address sex discrimination and sexual harassment in the workplace, one of the most important preventative measures is training your employees to understand what sexual harassment is and that it is unlawful.
Sexual Harassment compliance standards
- Leadership: Employers should ensure that their leaders and those with management responsibilities understand their obligations under the Sex Discrimination Act and their responsibilities for developing, communicating, and regularly updating proactive measures to prevent and respond to sexual harassment and sex discrimination in the workplace and promote safe, inclusive workplaces that value diversity and gender equality by setting clear expectations and modelling respectful behaviour.
- Culture: Employers should create and maintain an environment of safety, respect inclusivity and an appreciation for diversity and gender parity to empower employees to report instances of unlawful behaviour, mitigate harm and hold perpetrators accountable.
- Knowledge: Employers should establish and enforce policies addressing respectful behaviour and facilitate education for all workers to promote safe, inclusive, and respectful behaviour.
Relevant education areas include understanding expected standards of conduct, identifying behaviours that breach the positive duty and understanding the consequences of such actions and understanding workers’ rights and responsibilities in fostering a safe and respectful work environment and actively preventing and responding to unlawful conduct.
- Risk Management: Employers need to understand the risks to equality and health and safety that are posed by unlawful conduct and therefore should adopt a risk-oriented approach for prevention and addressing such conduct.
- Support: Employers should ensure accessible support is available to all workers who experience or witness unlawful conduct, irrespective of whether reports are made.
- Reporting and response: Employers should establish a trusted reporting mechanism with clear reporting and response channels which are regularly communicated to workers and affected individuals and respond quickly consistently to reduce harm and victimisation and ensure proportionate consequences.
- Monitoring, evaluation and transparency: Employers should gather data on unlawful conduct within their workplace to assess and enhance workplace culture and develop preventative measures. Transparency about the nature and extent of reported behaviours that could constitute unlawful conduct should be observed.
Guiding Principles
In implementing the seven Standards, employers must have regard to following four Guiding Principles to ensure they tailor the Standards to the individual needs of their business.
- Consultation: The approach should include consultation with workers in order to ensure that actions taken are guided by those impacted or potentially impacted by unlawful conduct.
- Gender equality: The approach should advance gender equality so that people all genders have equal rights, rewards, opportunities and resources.
- Intersectionality: The approach should acknowledge and address the interrelationship that exists between systemic issues and factors including race, religion, gender, sexual orientation and disability and the risks and impacts of unlawful conduct.
- Person-centred and trauma-informed approach: The approach should be person-centred and trauma-informed so that workplace systems, policies and practices support people’s individualised needs and prevent causing further trauma.
AWPTI can help employers to implement the standards with our organisational version of the Understanding Sexual Harassment training programs – details here
As a Sexual Harassment Training provider – We offer 4 versions of our highly sought after understanding sexual harassment in the workplace training programs that can be delivered to individuals or organisations. We can deliver the training in person (for organisations only) or remotely via Zoom or MS Teams.
The courses have been designed and developed and are facilitated by Phil O’Brien, (more details here) a highly skilled and experienced workplace investigator and trainer. The advantages of having Phil deliver the program for you are;
For organisations or businesses who wish to have internal courses for their employees we have a flat rate with no limit on participants, please contact us for details, recommended if you have 3 or more participants.
In addition for organisations only this course can be conducted in person. As I am based in Sydney an in person course outside of Sydney may incur travel and other expenses, please contact me and I arrange a detailed quote.phil@awpti.com.au
