Legal obligation for businesses to actively prevent sexual harassment

From today, Australian businesses have a legal obligation to proactively eliminate sexual harassment and sex discrimination in their workplace.

Transcript

00:00 Basically what it is, it's a new legal obligation that requires businesses and organisations

00:08 to take reasonable and proportionate measures as far as possible to eliminate sexual harassment

00:13 and sex discrimination.

00:14 And now this is a big shift for employers from the previous complaints-based framework

00:20 that relied on individuals to really bear the burden of coming forward with a complaint,

00:25 to now a proactive model where employers have an ongoing proactive obligation to prevent

00:31 sexual harassment.

00:32 I think the first step is for businesses to ensure that their leaders understand that

00:38 they are ultimately responsible and accountable for eliminating sexual harassment in the workplace.

00:44 It can no longer be delegated to human resources or people and culture.

00:49 It has to be treated like any other business imperative and backed by meaningful action.

00:54 Then businesses would want to lift the hood and consult with their workers to understand

01:01 how sexual harassment is happening in their workplaces.

01:03 What is the risk factors?

01:05 What are the hot spots?

01:07 Now we know that sexual harassment is prevalent.

01:09 One in three people experience it.

01:11 So the fact that you are receiving no complaints or few complaints doesn't mean that it's not

01:17 happening in your workplace.

01:19 And then businesses will want to invest in training and education for their workforce

01:23 so they understand what expected standards behaviour look like.

01:27 What are these unlawful behaviours that are captured under the positive duty?

01:30 And importantly, what are their rights and responsibilities?

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