Back in December 2022, the Sex Discrimination Act was amended to create a positive duty for employers to prevent sexual harassment and a prohibition on sexual harassment was incorporated into the Fair Work Act in March 2023. This means that it’s no longer enough to just have a few words on paper – instead you need to do everything you can to assess risks and introduce appropriate control measures and strategies to stop sexual harassment from occurring in your business or workplace.
This can mean a lot of things, but at the end of the day having policies in place to prevent sexual harassment in the workplace and proactively enforcing them has never been more critical for small businesses than now. Failing to meet this high bar can result in fines, penalties, or costly legal claims, something SMEs just can’t afford to incur in today’s current economic landscape.
Why is mandatory training on sexual harassment prevention in workplaces needed?
One of the practical ways you can demonstrate that you are serious about these matters is to commit to regular training of your workforce. This training should include familiarising your employees with your company policies and procedures on sexual harassment, develop an understanding of what sexual harassment looks like in the workplace and outline the actions an employee should take if they witness or are subject to any form of sexual harassment.
Ultimately, training helps with awareness and, while it may not directly prevent sexual harassment, it may help with minimising occurrence. When employees understand the various forms that sexual harassment takes in day-to-day interactions, it helps them to think twice about their verbal and non-verbal interactions with each other. Essentially, training forms an integral part of an effective risk management and strategy control measure to promote a safe workplace for all your employees.
How can small businesses provide support victims of sexual harassment at work?
Another aspect of managing sexual harassment in the workplace is planning for what you will do when an incident is reported. This includes how you will support your employees – a key factor when addressing workplace sexual harassment cases. This can include referring your employees to professional counselling services, either via an Employee Assistance Program or supporting them in accessing services with a third party or through public resources like 1800 RESPECT.
You may also consider providing them with extra time off or access to additional leave while investigations are on foot, ensuring necessary steps are taken to prevent any victimisation in response to any complaints that they have raised. This could include making temporary changes to duties to support their physical and psychological safety at work.
Simply put, talk to your employees. Ask them what they need, listen to what they have to say and do your best to be flexible while managing your operational needs.
