The weeks leading up to Christmas are always huge, but 2022 might just take the cake (or, ah, pudding!)
The Respect at Work Act 2022 has now been enacted and, along with it, the following key amendments that now apply across all states and territories:
- a prohibition on conduct that subjects a person to a hostile working environment on the grounds of sex;
- a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful discrimination on the grounds of a person’s sex, including sexual harassment; and
- amending the definition of harassment on the grounds of sex, to remove the reference to “seriously” from conduct of a “seriously demeaning nature” (so, the conduct no longer needs to be seriously demeaning, it need only be demeaning in order to meet the definition for sexual harassment).
Although employers have always had a duty to provide a safe workplace, the focus has well and truly been shifted from reactive to proactive, meaning employers must consider what they can do on an ongoing basis to ensure workplaces are free from sex discrimination, harassment and victimisation (and not just turn their minds to it if/when a complaint arises!).
Businesses should prioritise the review of their existing anti-discrimination and/or sexual harassment policies and procedures, as well as related workplace training materials, and consider whether additional measures are needed to discharge their duties.
As always, Emplawyer is here to help.
