Sexual harassment is still a risk in the workplace

On 22 July 2008, the Sex Discrimination Commissioner, Ms Elizabeth Broderick, announced her action plan to address gender inequality in the workplace. The plan is set out in a report entitled “Gender equality: What matters to Australian women and men” and is based on the results of a national ‘Listening Tour’ which the Commissioner embarked upon in November 2007, canvassing more than 1000 people Australia wide.

The Commissioner highlighted as one of her priorities in promoting gender equality, the reduction of sexual harassment in the workplace, which was found to be prevalent across all industries. Ms Broderick found that many employers were reluctant to discuss the issue, and stated that one of her aims was to promote a strategy to increase the number of employers who take a leadership role on sexual harassment.

Of key concern was an apparent lack of clarity by employers on how best to respond to complaints about sexual harassment in order to ensure fairness for both the person making the complaint and the person against whom the complaint is being made. The report also referred to the need for education of both employers and employees about unacceptable behaviour in the work environment.

Educating and training employees is critical in minimising sexual harassment in the workplace and in protecting the employer from legal laibility for that conduct. An employer will be legally responsible for the acts of employees done in the course of their employment, including sexual harassment and sex discrimination, unless all reasonable steps have been taken to prevent the unlawful conduct from occuring.

Conducting regular taining sessions for employees on the types of behaviour that can constitute sexual harassment, and other forms of inappropriate conduct is essential in ensuring all reasonable steps are taken by an employer to eliminate unacceptable conduct from the workplace. Employers should also ensure that they have complaint procedures which will allow them to deal with complaints promptly and effectively.

The Commissioner’s report is a timely reminder for employers that sexual harassment clearly remains a very serious workplace issue. Employee training is the most effective tool in minimising sexual harassment in the workplace.

Should you require advice regarding this or any other workplace matter, please call Australian Business Lawyers & Advisors: 1300 565 846.

Note: This is for information purposes only.
It does not purport to be comprehensive or to render legal advice.