From Reactive to Proactive: Preventing Workplace Sexual Harassment

This is an abridgement of an article posted by Dentons.

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It’s been a year since Australian employers were faced with new legal obligations to proactively prevent sexual harassment, sex-based discrimination, and victimisation in the workplace that came into effect on December 1, 2023. Amendments to the Sex Discrimination Act 1984 (Cth) and Fair Work Act 2009 (Cth) marked a significant shift from reactive to preventive measures. Employers must now actively address risks and foster safer work environments, reflecting the Federal Government's commitment to implementing all 55 recommendations from the Respect@Work National Inquiry Report (2020).

Under these changes, employers bear a positive duty to prevent prohibited behaviours before complaints arise. Compliance is no longer optional, as the Australian Human Rights Commission (AHRC) now has the authority to monitor workplaces, conduct investigations, and issue enforceable notices for non-compliance.

To meet these obligations, businesses must take tailored, proactive measures, such as:

• Risk Assessments: Identifying workplace-specific risks related to harassment and discrimination.
• Anti-Harassment Policies: Updating and enforcing clear, comprehensive workplace policies.
• Training Programs: Delivering targeted training to educate employees and leadership on respectful workplace behaviours.
• Robust Reporting Systems: Establishing safe, confidential channels for reporting and resolving complaints.
• Leadership Commitment: Ensuring senior leaders actively promote a culture of respect and inclusion.

Employers must consider unique factors such as their industry, workforce demographics, and working conditions when implementing these strategies.

Failing to meet these obligations carries significant risks:

• Legal and Financial Consequences: Non-compliance could lead to AHRC investigations, enforceable notices, and financial penalties.
• Reputational Damage: Ignoring workplace harassment risks undermines employee trust, public perception, and overall business performance.

On the other hand, compliance not only protects businesses from legal repercussions but also enhances workplace culture, boosts morale, and strengthens employer reputation.

These legislative changes reflect a broader cultural shift toward prevention and accountability. Australian employers are now expected to lead the charge in creating respectful, safe environments for all workers. By embracing these proactive measures, businesses can align with legal expectations, foster trust, and contribute to a healthier workplace culture for the future.

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