Respect at Work – ensure your business complies
Recent changes to sexual harassment provisions made under the banner of “respect at work” have strengthened the steps employers must take to prevent or deal with sexual harassment in workplaces.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth), also known as the Respect at Work Act, commenced on 11 September 2021, and as an employer you should ensure that you are aware of the changes and that you comply with any new rules.
The change to the Act is part of the Government’s response to the Sex Discrimination Commissioner’s Respect@Work report. The Respect@Work report was the outcome of a world-first National Inquiry into Sexual Harassment in Australian Workplaces, and provided a comprehensive set of recommendations for addressing sexual harassment in the workplace.
Some of the key changes to the Act include:
Expansion of the application of the Sex Discrimination Act: The protection from sexual harassment has been expanded to include some workers not previously covered such as interns, volunteers, and self-employed workers.
Prohibition on sex-based harassment: The Sex Discrimination Act now prohibits “sex-based harassment”, defined as unwelcome conduct of a seriously demeaning nature due to a person’s sex, in circumstances which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimated. Both employers and employees (eg supervisors who allowed the conduct to occur) can be held vicariously liable.
Victimisation: Victimisation, such as threatening or subjecting a person to detriment for taking action such as lodging a complaint, can now form the basis of a civil action for unlawful discrimination in addition to a criminal complaint.
Complaints: The time limit for lodging complaints of discrimination has increased from six to 24 months after the conduct occurred.
Stop Sexual Harassment Order: The existing anti-bullying jurisdiction in the Fair Work Act has been extended to also cover sexual harassment.
Unfair Dismissal: Sexual harassment can be conduct amounting to a valid reason for dismissal in determining whether a dismissal was harsh, unjust, or unreasonable.
Miscarriage leave: Women who experience a miscarriage, and their current partners, now have access to up to two days of compassionate leave.
GUIDE TO COMPLYING WITH THE CHANGES
The Respect@Work Employer Guide is a practical guide jointly released by Australian Business Industrial and the Australian Chamber of Commerce and Industry. As well as explaining the legal changes in detail, it sets out clearly what businesses need to do – both to adapt to the changes and to ensure they stay compliant thereafter.