Prevention, mitigation, and resolution of harassment of any form at work are the employer’s responsibility to ensure a safe workplace for all. Failure to comply with these responsibilities can have devastating consequences.
A snide remark, persistent inappropriate calls after work, touching, groping, or worse – assault – can all be perceived as harassment. According to anti-discrimination laws, harassment is defined as any form of behaviour that is unwanted, offensive, humiliating, or creates a hostile environment.
It can happen to anyone, anytime
What’s important to understand is that harassment need not be an ongoing pattern of behaviour; a single act can still be considered harassment.
In the workplace, harassment can be perpetrated by anyone – a colleague, a leader – whether male or female, regardless of race or age. However, the Australian Government has introduced laws at the federal, state and territory levels to ensure that people are protected from discrimination and harassment.
Some of these laws include the Australian Human Rights Commission Act 1986, Racial Discrimination Act 1975, Disability Discrimination Act 1992, and the Sex Discrimination Act 1984. See this quick guide to Australian discrimination laws developed by the Australian Human Rights Commission.
It’s a bigger problem than we think
An ANROWS research study revealed that one in seven Australian adults surveyed admitted to engaging in sexual harassment at work.
Our Watch, leaders in the prevention of violence against women and children in Australia, reports that one in four women have been sexually harassed at work in the past 12 months.
These alarming statistics indicate that employers must take greater precaution and arm themselves with updated information, strategies, and resources to address these issues.
Employers have specific responsibilities regarding workplace harassment, including ensuring a safe workplace and taking reasonable steps to prevent bullying, harassment, and discriminatory conduct.
Individuals have the right to a safe and secure working environment, access to compensation if they suffer work-related injury or illness, and procedural fairness during any administrative processes. Individuals have a responsibility not to bully or harass others and to comply with workplace policies and instructions.
Employers must be proactive and informed
A challenging aspect for employers is vicarious liability. This occurs when an employer is held legally responsible for any act of discrimination or harassment in the workplace or connected to an individual’s employment.
For example, harassment may occur at a company-sponsored workshop, product launch or business trip. It could be carried out using a company laptop or mobile device to send inappropriate text messages or emails. Therefore, employers must take reasonable steps to prevent such behaviours, mitigate harm, and address issues appropriately and promptly.
Employers cannot claim ignorance
If aware of harassment, employers are expected to investigate the complaint and take action. Claiming ignorance does not absolve liability, and failure to act may result in legal consequences.
Take action today
What should employers do?
Good employers demonstrate to managers and employees that they take these issues seriously by fostering a workplace culture that emphasises prevention, detection and early intervention of harassment.
Good employers pay special attention to those most at risk — women, young people, workers in the LGBTQ community, individuals with disabilities, migrant workers or those with temporary visas, and those from culturally and linguistically diverse backgrounds.
Good employers set the standard through clear definition of roles and responsibilities, outlining acceptable and unacceptable behaviours, and implementing controls through systems, policies and procedures.
But it does not stop there – this is reinforced through regular monitoring. reporting, and governance.
Regular workplace harassment awareness and training will benefit both employees and managers at all levels. These should never be one-time activities but should be conducted regularly to keep the organisation and its employees informed of changes and developments.
Wurth HR offers workplace harassment awareness and training targeted at HR managers, senior leaders and employees across the enterprise. Contact us if you have questions or require guidance on specific steps your organisation needs to take.
Email David Wurth for an obligation-free discussion at info@wurthhr.com.au
Useful resources
- Wurth HR article, A safe workplace is everyone’s responsibility
- Wurth HR article, Sexual harassment – your role as an employer
- Fair Work Ombudsman – Sexual harassment in the workplace
- Comcare – Practical guidance for employers
- Safe Work Australia – Workplace sexual harassment – advice for workers
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