Better for Business Podcast 2 – Sexual Harassment

In September 2022 the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 was introduced to reduce sexual harassment in the workplace. The amendment includes a number of changes employers need to be aware of to eliminate workplace discrimination and harassment.

Zach Galea, Human Capital Management Lead and Tash Gambas, Operations Manager from Business Solutions Hub explain the changes and what this means for employers, including:

• Positive Duty to eliminate sexual harassment
• Prohibition of conduct resulting in hostile workplace environment
• Expanded powers of the Australian Human Rights Commission to monitor and address employer compliance

Zach Galea

Tash Gambas

Zach Galea and Tash Gambas from Business Solutions Hubs discuss the proactive steps employers need to be taking to ensure they are compliant with new legislation designed to eliminate workplace discrimination and harassment.

Listen to Episode 2 now

Episode highlights

• The positive duty is a shift from just responding to conduct that has already occurred to proactively taking steps to prevent it from happening in the first place. This places a lot of onus on the employer to ensure they are compliant.
• Employers can meet the positive duty requirements by implementing or updating their policies and procedures to show they are going to meet this positive duty, providing training and education to employees and other relevant parties, conducting regular risk assessments, and having a clear and effective complaint-handling process.
• Employers must take proactive steps to prevent and address any conduct that could make a person feel unwelcome or excluded in the workplace. Examples of such conduct includes displaying obscene or pornographic materials or engaging in sexual banter, innuendo, or offensive jokes. The importance of proper policy and training is key to complying with these changes.
• With expanded investigative and enforcement powers of the Australian Human Rights Commission It is important for all employers and business owners be aware of these changes and take proactive steps to ensure they are compliant.