To really address sexual harassment, we need to ease the burden on individuals: National Inquiry
The Australian Human Rights Commission’s report from the National Inquiry into Workplace Sexual Harassment points to the need for better complaints mechanisms, stronger laws and more accountable workplaces to keep workers safe from sexual harassment.
6 March 2020
“Shifting the burden of addressing sexual harassment from individuals to those in positions of power is vital if we’re serious about dealing with sexual harassment and serious about gender equality,” says the Victorian Equal Opportunity and Human Rights Commissioner Kristen Hilton, welcoming the report from the National Inquiry into Workplace Sexual Harassment, Respect@Work.
“The report is a critical resource for every Australian workplace and all levels of government – improving the way we prevent and respond to sexual harassment is an urgent priority for employers across all industries,” says Commissioner Hilton.
“Our current system for dealing with sexual harassment places a heavy burden on individuals to bring complaints, but doesn’t ask enough of employers to prevent harassment in the first place and learn from complaints,” says Commissioner Hilton.
The report recommends a positive duty for the federal Sex Discrimination Act, modeled on the positive duty in Victoria’s Equal Opportunity Act, but with stronger enforcement powers. It also recommends state legal frameworks have the same enforceable duty, which would require employers to not just deal with sexual harassment complaints, but to also take proactive steps to prevent it from occurring – for example by addressing organisational risks and blind spots. “While Victorian employers already have a positive duty under the Equal Opportunity Act, making the duty enforceable would better hold employers to account,” Commissioner Hilton says.
“As the state regulator for the Equal Opportunity Act, we’ve seen first-hand the important role the positive duty plays in requiring employers to create safe workplaces for all employees,” Commissioner Hilton says. “Making the positive duty enforceable would allow the Commission to require employers to implement measures to prevent sexual harassment.
“It will help tackle systemic harassment and discrimination rather than treating each case as an isolated incident. The end result is a safer, more inclusive and more productive environment.”
The Victorian Equal Opportunity and Human Rights Commission speaks to hundreds of Victorians each year about sexual harassment at work via its Enquiry Line 1300 292 153 and offers a free complaints service.
“Sexual harassment harms thousands of Australian women and some men each year – but we know that there are many barriers that discourage people from reporting it,” says Commissioner Hilton. “We’re anticipating an increase in demand for information and support following the release of Respect@Work. We’re ready to assist Victorians who want to talk about their experience and may be considering making a complaint.”
To support employers, the Commission will shortly be releasing its updated practice guideline, Workplace sexual harassment: Complying with the Equal Opportunity Act 2010. “The recommendations in Respect@Work highlight the need for employers to consider both prevention and response,” says Commissioner Hilton. “Our guideline provides practical guidance for Victorian employers to help them fulfil their positive duty to prevent sexual harassment under state law and to create safe and equitable workplaces.”
Effective protection from sexual harassment will require close collaboration between workplace safety bodies and equal opportunity and human rights bodies, recommends Respect@Work. “Our close collaboration with WorkSafe Victoria over a number of years has highlighted the value of complementary regulation of sexual harassment, through stronger referral processes, information sharing, and consistency across regulatory frameworks,” says Commissioner Hilton.
Other recommendations in Respect@Work highlight the need for better data collection, a dedicated research program and education as key elements in an effective national response. “Helping employers to understand and manage sexual harassment is one of the most important steps we can take. Each year, the Commission offers training and tailored consultancy for employers across the state to help them create safe workplace cultures and implement effective prevention initiatives and complaints systems,” says Commissioner Hilton.
Read our 6 steps to help employers manage sexual harassment
View the Commission’s submission to the National Inquiry into Workplace Sexual Harassment
Media contact
Victorian Equal Opportunity and Human Rights Commission
Phone: 1300 292 153
Email: enquiries@veohrc.vic.gov.au
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