Understanding Your Legal Obligations to Prevent Sexual Harassment

In today's corporate landscape, fostering a work environment free from sexual harassment is not only a moral imperative but also a legal requirement. The Equal Opportunity Act mandates that employers take proactive measures to prevent and respond to sexual harassment in the workplace. Understanding these legal obligations is crucial for businesses to uphold a culture of respect and safety for all employees.

The Commission has identified six minimum standards that companies must comply with to fulfil their duty to prevent sexual harassment in the workplace.

Let's delve into each standard to understand what it entails and how companies can ensure compliance.

1. Knowledge: Employers must have a comprehensive understanding of their obligations under the Equal Opportunity Act concerning sexual harassment. This involves staying informed about relevant laws and regulations and educating employees about their rights and responsibilities.

2. Prevention Plan: The development and implementation of an effective sexual harassment prevention plan are essential. This plan should outline policies, procedures, and training initiatives aimed at preventing instances of sexual harassment in the workplace.

3. Organisational Capability: Leadership plays a pivotal role in fostering a culture of respect and dignity. Company leaders must actively promote and reinforce values that prioritise mutual respect and zero tolerance for sexual harassment. Building organisational capability involves creating an environment where employees feel empowered to speak up and report incidents of harassment without fear of retaliation.

4. Risk Management: Employers must proactively identify and mitigate risks associated with sexual harassment. This entails creating a culture of safety where employees feel secure and supported. Regular risk assessments and the implementation of appropriate measures are essential in maintaining a harassment-free workplace.

5. Reporting and Response: Companies must establish robust reporting and complaints procedures to address instances of sexual harassment promptly and confidentially. Victims-survivors should be at the centre of the response, ensuring that their needs and concerns are prioritised throughout the process.

6. Monitoring and Evaluation: Regularly reviewing and evaluating outcomes and strategies is crucial for assessing the effectiveness of sexual harassment prevention efforts. This ongoing monitoring allows companies to identify areas for improvement and make necessary adjustments to their policies and procedures.

Standards 1–4 are directed towards prevention –that is, stopping sexual harassment from happening in the first place.

Standards 5–6 (outlined in Sections 4.5–4.6) are about responding to sexual

harassment.

At Relate Training Institute, we specialise in assisting companies with standards 1–4 outlined by the Commission. Our tailored solutions help businesses develop comprehensive sexual harassment prevention plans and equip employees with the knowledge and skills to foster a respectful workplace culture.

Contact us today for a customised quote.