Business leaders now have a legal responsibility to create a safe and respectful work environment for their employees, following the latest legislative updates to the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Respect@Work Act 2022). What was previously an organisational challenge now imposes an active duty on leaders and their people within the organisation.
The Act received Royal Assent on 12 December 2022 and will allow Australian workplaces a grace period until December 2023 to implement changes so they can comply with the new laws.
Summary of the Respect at Work Act
The Respect@Work Act implemented seven further recommendations from the suggested 55 from The Respect at Work: National Inquiry into Sexual Harassment in the Workplace (2020) report.
You can learn more about the latest seven recommendations implemented here.
The legislation acknowledges that gender inequality is the underlying cause of sexual harassment and establishes laws and regulations that protect employees from various forms of harassment and discrimination in the workplace. This can include harassment based on race, gender, religion, and sexual orientation and discrimination on age, disability, and pregnancy.
The specific laws and regulations include provisions for reporting and addressing incidents of harassment and discrimination, as well as protecting employees from retaliation for reporting such incidents.
New responsibilities for Business Leaders, Managers and Employers
The latest changes impose a dramatic shift in responsibility for business leaders and managers – gone are the days of reacting to incident reports. As part of the new legislation, both leaders, managers and employees will now have an active duty to prevent sexual harassment, sexual discrimination, and victimisation from occurring in the workplace.
Employers have until December 2023 to implement preventative measures that comply with legislation. However, it’s essential to start implementing changes before it’s too late.
Respect@Work recommends a series of measures to apply to your business that are considered preventable and positive steps to comply with the legislation.
These measures include items applied across the whole business, from policies and procedures, training, risk assessment, measuring, and reporting. You can read more about this in our blog, Respect@Work Act: Six Recommendations for companies to implement now.
The consequences of non-compliance
Businesses that breach the legislation may be subject to:
- compliance notices
- enforceable undertakings
- financial penalties
In addition, they face severe reputational costs associated with failure to prevent workplace sex discrimination and victimisation.
What leaders can do to promote a safe and respectful work environment:
Furthermore, Respect @Work recognises the vital role business leaders (such as Board Members, CEO and Managers) have in preventing sexual harassment and discrimination in the workplace while also promoting and creating a safe and respectful work environment.
These include actionable items surrounding Leadership, Culture, and Transparency.
1. Leading by Example
Leaders need to understand the legislation and why it is essential to prevent gender inequality and power imbalances in the workplace, which lead to sexual harassment. From here, proactive leaders prioritising gender equality within the business can drive change by leading by example.
Organisations must show that transparent processes and practices have been implemented to comply with the new legislation. Some ideas are:
- Implementing fair and inclusive recruitment practices and criteria.
- Offering training and education for leaders on initiating conversations with employees and handling reports of sexual harassment.
- Clearly define the expectations, responsibilities, and accountability for leaders in preventing and addressing sexual harassment.
- Incorporating remuneration and reward systems that acknowledge leaders who promote respectful behaviour and take action to prevent and address sexual harassment.
- Providing support and taking appropriate action in response to reported incidents of sexual harassment.
2. Transparency and Communication
Your people should be aware of your commitment to preventing workplace sexual harassment.
Good, effective communication is vital. Leaders can do this by openly sharing their organisation’s strategy or plan, including their short and long-term goals and providing regular updates on progress.
3. Workplace Culture
An organisation’s culture is vital in addressing and preventing sexual harassment. However, it can be difficult for leaders to change deeply ingrained cultural norms that have developed over time.
Studies have shown that organisations with inclusive, diverse, and gender-equal environments, as well as cultures that promote respect, integrity, and trust, are most successful in preventing and addressing sexual harassment.
However, creating a sustainable change in an organisation’s culture necessitates a comprehensive strategy to shift behaviour.
There is no universal solution when it comes to cultural change. However, it typically entails promoting:
- positive cultural norms
- values and behaviours
- accountability
- zero tolerance for sexual harassment, disrespectful behaviours, and all forms of discrimination
And investing in:
- systems, policies, and procedures
- training and staff education
- a diverse workplace with a commitment to gender equity and representation of women in positions of power
You can learn more about the legislation and further recommendations on the Respect@Work website or watch our on-demand webinar to hear more about the new changes, preventive measures you can start implementing and more.
To discuss any aspect of this new legislation or any other compliance topic, please book an appointment today with one of our experienced compliance consultants.
