Sexual harassment in the workplace is not only a serious breach of employee rights but also a significant legal issue. The Fair Work Act 2009, along with the Sex Discrimination Act 1984, outlines the responsibilities of employers to prevent and address sexual harassment in their workplaces.
What constitutes sexual harassment?
Sexual harassment can take many forms, including unwelcome physical contact, inappropriate comments, sexual jokes, requests for sexual favours, and the display of offensive material. It is defined under the Sex Discrimination Act as any unwelcome sexual behaviour that makes a person feel offended, humiliated, or intimidated.
Employer responsibilities
Employers are required to take all reasonable steps to prevent sexual harassment in the workplace. This includes implementing comprehensive policies, providing regular training, and establishing clear procedures for reporting and addressing complaints.
Failure to address sexual harassment can lead to significant legal consequences, including claims under the Fair Work Act for breaches of workplace rights and anti-bullying provisions.
Case law example
In a notable Australian case, Vergara v Ewin [2014], the Federal Court found that the employer was liable for sexual harassment because it failed to take adequate steps to prevent the harassment from occurring. This case underscores the importance of proactive measures and a zero-tolerance approach to harassment.
Steps to Prevent Sexual Harassment
- Develop and implement policies – establish a clear, zero-tolerance sexual harassment policy that is communicated to all employees.
- Training and education – regularly train employees and management on what constitutes sexual harassment and how to respond to it.
- Reporting mechanisms – create a safe and confidential process for employees to report sexual harassment.
- Prompt action – Address all complaints seriously and promptly investigate any allegations.
Under the Fair Work Act, employees who experience sexual harassment can apply to the Fair Work Commission for an order to stop the harassment. Additionally, employers can face substantial fines and damages if found liable for failing to prevent harassment.
Sexual harassment is a critical issue that employers must address to ensure a safe and respectful workplace. By understanding the legal framework and implementing robust preventive measures, businesses can protect their employees and minimise the risk of legal repercussions.
Reach out to your local HR Dept for more information and assistance.
