Tackling Sexual Harassment: Everything Employers Need to Know.

Written By Jean Robins

Sexual harassment in the workplace isn't just offensive and demoralising – it's illegal. If you're an employer, it's vital to understand your legal responsibilities to create a safe and respectful environment for everyone on your team. Fortunately, you've got guidance on this: Safe Work Australia's Model Code of Practice on Sexual and Gender-Based Harassment offers a comprehensive guidance on this topic. Let's break down the key takeaways:

What Does It Cover?

This Code of Practice goes beyond just sexual harassment. It tackles a broader range of harmful behaviors, including those driven by gender stereotypes:

  • Sexual Harassment: This covers unwelcome sexual advances, comments, or requests that create a hostile or intimidating environment.

  • Gender-Based Harassment: This involves behaviors that target someone based on their gender, even if it's not sexual in nature. Think insults, bullying, or undermining someone because of their gender.

Your Obligation as an Employer

You have a legal "positive duty" to take proactive steps to prevent sexual and gender-based harassment. It requires organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate, as far as possible:

  • Discrimination on the ground of sex in a work context.

  • Sexual harassment in connection with work.

  • Sex-based harassment in connection with work.

  • Conduct creating a workplace environment that is hostile on the ground of sex.

  • Related acts of victimisation.

Here's what that means for your business:

  • Strong Policies: Develop a comprehensive policy that clearly defines what's unacceptable, outlines how to report incidents, and guarantees protection from retaliation for those who make complaints.

  • Training is Key: Educate all employees – from managers to frontline workers – on recognising harassment and your company's process for handling issues.

  • Respond Swiftly and Seriously: When any incident is reported, investigate fairly, take appropriate corrective action based on findings, and always protect the privacy of those involved.

Whose Conduct Does the Positive Duty Cover?

The positive duty requires organisations and businesses to take reasonable and proportionate measures to eliminate, as far as possible, relevant unlawful conduct being engaged in:

  • By themselves.

  • By their employees, workers and agents.

  • By third parties.

The Commission expects all organisations and businesses to have measures in place to address each of the seven Standards outlined.

Satisfying the Positive Duty

There are 4 Guiding Principles, & 7 Standards, which sets out what the commission expects businesses to do to meet their positive duty.

Four Guiding Principles

  1. Consultation

  2. Gender Equality

  3. Intersectionality

  4. Person-centred & trauma informed

The Seven Standards

The seven Standards are included below. They outline what the Commission expects organisations and businesses to do to satisfy the positive duty under the Sex Discrimination Act.

  1. Leadership: Senior leaders are responsible for ensuring that appropriate measures for preventing and responding to relevant unlawful conduct are developed, recorded in writing, communicated to workers and implemented. Senior leaders regularly review the effectiveness of these measures and update workers.

  2. Culture: Organisations and businesses foster a culture that is safe, respectful and inclusive and values diversity and gender equality. This culture empowers workers (including leaders and managers) to report relevant unlawful conduct.

  3. Knowledge: Organisations and businesses develop, communicate and implement a policy regarding respectful behaviour and unlawful conduct.

  4. Risk Management: Organisations and businesses recognise that relevant unlawful conduct is an equality risk and a health and safety risk.

  5. Support: Organisations and businesses ensure that appropriate support is available to workers (including leaders and managers) who experience or witness relevant unlawful conduct.

  6. Reporting and Response: Organisations and businesses ensure that appropriate options for reporting and responding to relevant unlawful conduct are provided. Responses to reports of relevant unlawful conduct are consistent and timely. They minimise harm to, and victimisation of, people involved.

  7. Monitoring, evaluation & transparency: Understanding the nature and extent of any problem is a critical step to eliminating it. Data helps organisations/businesses to understand when, where and how relevant unlawful conduct is happening; who is engaging in it; who is impacted by it; and why it might occur.

Why Bother? The Benefits of a Harassment-Free Workplace

Think this is just paperwork? Think again. Proactive prevention has immense benefits:

  • Safer, happier employees: Reduce distress and boost team morale when people feel respected.

  • Reputation Protection: Avoid costly legal cases and the damaging publicity that comes with harassment scandals.

  • Boost Productivity: Focus on the work, not on negativity – a supportive environment unlocks everyone's potential.

Need a Helping Hand?

It can feel overwhelming, but you don't have to tackle this alone. Continu Risk Management can help with the following:

  • Policy Review: We'll analyze your existing policies and help draft ones that align with the code.

  • Tailored Training: We create engaging sessions to raise awareness and drive positive change.

  • Support & Mediation: When needed, we offer guidance and resources to help manage complex situations.

The Bottom Line

Addressing sexual and gender-based harassment isn't optional, it's the law. But importantly, it signals a workplace where everyone can thrive. Investing in prevention is an investment in the success of your business and the well-being of your people.

Want more information?

There are a range of free resources available.

Jean Robins
Next

Silo Safety Reminder after Silo Incident