Sexual harassment was already unlawful in the workplace. What’s changed?
As of 6 March 2023, sexual harassment is now expressly prohibited in all workplaces.
Employers now have positive obligations to take reasonable steps to prevent sexual harassment in the workplace. This includes, but is not limited to, implementing policies and procedures to prevent and respond to sexual harassment (i.e. disciplinary action), a complaints handling process, and to train managers/supervisors accordingly. It is important for employers to have a sexual harassment policy readily accessible in the workplace.
These new laws can hold a person or company vicariously liable for sexual harassment conducted by an employee or agent in connection with the workplace. This applies unless the person or company can prove they took reasonable steps to avoid it.
These protections are in place to prevent victimisation for making a complaint regarding sexual harassment.
The new laws aim to:
(a) identify and minimise the harm that can be caused by sexual harassment: and
(b) create a safe and supportive environment to deal with a complaint respectfully.
If you have any questions about understanding sexual harassment laws in the workplace, please do not hesitate to contact our Employment Law team.
Contact us today on 5444 1022
Greenhalgh Pickard’s Employment Law Team