Despite the increased focus in the past few years, the Human Rights Commission found that a third of people have still experienced sexual harassment in their workplace in the past five years.
Now, game-changing new laws have come into effect, which aim to stamp it out for good.
Arguably the biggest is the Respect@Work Act, which means employers have to prove they are preventing sexual harassment and sex discrimination, not merely responding to it. They also make it an offence to have a hostile workplace – even if it’s not directed at a particular person. These rules apply to everyone who enters the workplace, such as contract cleaners, and any activities conducted in connection with work, not just at work.
“The positive duty is directed at improving all the systems you put in place whether you experience it or not,” Tamsin Lawrence, Senior Associate at Australian Business Lawyers & Advisors (ABLA), said in a recent webinar.
“It’s just like managing workplace health safety – you have to have policies in place whether someone falls off a ladder or not.”
From December, the Human Rights Commission will be given the power to enforce this so-called ‘positive duty’.
The risks of non-compliance include legal liability, costs, and damages, as well as harm to your company’s reputation.
For example, in Victoria, where the positive duty rules are already in place, Bakers Delight was investigated and found to not have a sexual harassment prevention plan or a central register to record complaints. It has also not trained staff on how to prevent sexual harassment. It’s worth noting that no complaint was made against the bakery chain – they simply didn’t comply.
“The commissioner will probably make an example of people – so don’t be the one they go after. Get your house in order now,” Ms Lawrence said.
SIX STEPS TO MEET POSITIVE DUTY
The difficulty with the legislation, Ms Lawrence explained, is that there’s not much specific guidance on what to do in practice. So here are six steps, which according to ABLA, will set you up to manage this risk.
1. Show knowledge and leadership
For a start, management needs to role model good behaviour, be across the legislation and its policies, and communicate with staff.
“For smaller businesses, it can seem difficult, but they need to show they’re taking it seriously,” Ms Lawrence said.
2. Do a risk assessment
Just like any other health and safety issue, businesses need to identify risks in their business.
“Talk to your staff. Ask them if they feel safe with customers, or working late at night. If they feel comfortable with the office banter. It will help identify those risks,” Ms Lawrence recommended.
3. Update your policy
It’s important to make sure you have a standalone policy and one that includes the new rules.
“You can’t have it as an adjunct of another harassment/bullying policy – the regulator has been clear [that] a standalone policy is what they want,” Ms Lawrence said.
From here, make sure to communicate and enforce the policy.
4. Communicate and train
Once policies are in place, it’s important to train staff. This means specific communications – not something buried in an employee handbook or induction course. Again, templates for emails and training courses can keep this easier and lower costs for small businesses.
“The key to preventing sexual harassment is to send an unequivocal message that it’s unacceptable,” Ms Lawrence said.
5. Handle complaints
Another crucial part of preparation is to make sure your business is not only preventing but also responding – by knowing how to handle complaints and having an investigation procedure that employees know.
“There’s a huge emphasis on employees knowing where to go when they have a complaint,” Ms Lawrence said.
“There’s no point having a policy if no one knows where it is or what to do.”
6. Make records
And finally, employers should have a prevention plan. While this can sound daunting, in practice, it essentially means making a record of everything you do.
View the webcast here.
NEW SEXUAL HARASSMENT POLICY
My Business Workplace has a new policy on sexual harassment to help you comply with the new rules.
View the policy here.
.png?width=1920&height=496&ext=.png)
