The change to laws, known as a positive duty, stem out of Labor’s pre-election commitment to fully implement all 55 recommendations from the RespectWork report.
Employers may be required to train staff to speak up about workplace sexual harassment with a view to preventing it, or at least intervene earlier, and deal with power imbalances without excluding women, under legislation committed to by the new Labor government.
A positive duty will require employers to take active steps to try to eliminate sex discrimination, sexual harassment and victimisation. The Champions of Change Coalition’s five-point approach to prevent and respond to sexual harassment in the workplace includes leadership prioritising prevention and early intervention, which could include developing and publicising a gender equality strategy.
Under the guidelines workplaces should listen, respect and support impacted people, which could include building internal teams to respond to victims of sexual harassment. “But, we also need adequate resourcing for the Human Rights Commission to conduct own-motion inquiries. Laws without adequate resourcing are empty laws.
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