As of December 12, the Australian Human Rights Commission obtained new powers to ensure that employers are actively working to eliminate sexual harassment in the workplace. This change is a significant shift which emphasizes the responsibility of the employers to create a safe and inclusive working environment, rather than placing the onus on the employee. It follows a key recommendation from the Respect@Work report, focusing on preventing sexual harassment rather than merely reacting after it occurs.
Under this new legal obligation, Australian employers are now required to prevent sexual harassment and discrimination in their workplaces. The Attorney-General Mark Dreyfus acknowledged the importance of this shift and highlighted that the responsibility should be shifted from employees to employers to ensure that every workplace is free from harassment and discrimination. The aim is to bring about meaningful cultural change in workplaces to create an environment that is safer, inclusive, and more respectful for all employees.
The Commission has been allocated funds by the government in order to support employers in complying with these positive duty obligations. This includes issuing notices and accepting enforceable agreements if necessary. Furthermore, a recent survey indicated that 1 in 3 workers experienced workplace harassment in the last five years, highlighting the urgency of such reforms.
Australia’s Former Sex Discrimination Commissioner Kate Jenkins and the Sex Discrimination Commissioner Dr. Anna Cody have also weighed in on these changes, highlighting the need for leadership from businesses in preventing wrongdoing and promoting a culture of respect. They are optimistic about the renewed focus on creating a safe, inclusive, gender-equal, and respectful workplace environment.
In response to these changes, the Australian Institute of Company Directors and the Australian Council of Superannuation Investors both welcomed the new legal obligations, but acknowledged that many company directors are not prepared to meet these new workplace standards. This indicates the significance of this shift and the need for leadership to prioritize ways to prevent workplace harassment and to educate themselves about these issues.