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Sexual Harassment | Are you aware of the changes?

Sexual harassment, a form of sex discrimination, was first made illegal in Australia 25 years ago, however this has remained an ongoing issue for employers. With new amendments made to the Sex Discrimination Act 1984 taking affect back in June this year, it is possible that you may see an emergence of more claims if you are not abreast of the matter. The reason for this is that the recent changes to the legislation have seen additional protections added, in affect extending scope of the act. This has meant employees now have additional actions for which they can make a complaint or claim and as an employer you have new obligations. 
The changes you need to know about are:

• The test for sexual harassment has now been changed to “would  a reasonable person, having regard to all the circumstances, have anticipated the possibility that the person harassed would be offended, humiliated, or intimidated by the conduct.” The addition of ‘the possibility that’ to the test means that it may be more likely a claim will succeed as the grounds have been broadened.
• There are now protections for both men and women from direct sex discrimination on the basis of family responsibilities in all aspects of their employment. Previously this protection only applied where a termination had been made. Breastfeeding has now also been made a specific ground for discrimination for women.
• The term ‘workplace participants’ has been broadened to include contract workers and commission agents. This means employers now also have an obligation to protect the additions from sexual harassment.
• It has been made unlawful for a person to sexually harass another person “in the course of seeking or receiving goods, services or facilities” This means workplace participants are now protected against sexual harassment from clients, customers and other people they may interact with in the course of their role. This has become another responsibility for you as an employer.

So what do you need to do now you are aware of the changes? Take action. The biggest fall outs we see with sexual harassment claims are when employers don’t take accountability for their obligation and ignore the issue within their business. The starting point for this is introducing a sexual harassment policy and training your employees around this.

This article does not constitute legal advice. If you require assistance with creating policies for your workplace, please email admin@wattsnext.com.au
DISCLAIMER: This article does not constitute legal advice. If you require assistance with creating policies for your workplace, please email admin@wattsnext.com.au