TL;DR - Workplaces have a duty to prevent sexual harassment, below are the references to the relevant law and some resources. When reading this post by Grapevine, I realised many people may not be aware that senior leadership and HR teams have a positive duty to not only address sexual harassment claims, but to actively prevent it. So here is an easy breakdown (with references) to what this duty is. All references are to the Sex Discrimination Act 1984 (Cth) which can be found here: https://lnkd.in/gDdh93_v Any “employer” must make “reasonable and proportionate” measures to eliminate sexual harrasment (s 47C(1)) This likely means that larger organisations with larger budgets (and HR teams) have a higher standard than smaller businesses. “Sexual harassment” is defined as someone making an “unwelcome sexual advance”, “request for sexual favours” or acts in a “sexual nature”. (s 28A(1)) To judge whether something amounts to sexual harassment, courts will ask if a “reasonable person” would think there was a “possibility” that the victim would be “offended, humiliated or intimidated” by the offender’s actions (s 28A(1)) This means that a reasonable person thinks someone would DEFINITELY be offended, just that there is a POSSIBILITY of offence. This goes some way in addressing the defence of “I was just joking” that many people call on to excuse their actions. This duty includes a duty not to harm, or threaten to harm, any person who brings a complaint under the Act (s 47A). Respect At Work (Australian Human Rights Commission) does a great job providing resources to workplaces and individuals: https://lnkd.in/gae5Smzz For HR departments: https://lnkd.in/g5M378y2 For leadership: https://lnkd.in/gbjRY-Ab For individuals: https://lnkd.in/gNDNR8Wc
We’re approaching Grapevine’s one-year anniversary (born out of post-2023 SXSW), and while the stories we hear never get easier to read, they remain as important as ever to tell. A year in, we know the problems we first sought to fight are still present. That’s why we want to keep hearing them. Are we collectively getting better? We like to think so. We believe that what we set out to do is working. We still trust that sunlight is the best disinfectant, and by bringing language, advice, and attention to these issues, we’re playing our part in addressing them. But we’re also realists. We know there’s still a long road ahead before we see systemic change. So, we’re calling on you—our community—to share your stories. The ones you meant to but never got around to, the ones you think might be too small to matter, the ones that make your blood boil, the ones that made you feel bad, and the ones that made you feel good. Whether it’s an example of someone doing the right thing or the wrong thing, we want to hear it all. Because we’re not stopping. We’re here for you as your support system. Have a story to share? Visit askthegrapevine(dot)com to submit it for advice. Together, we’ll create a safe, inclusive working environment for all of us. Together, we'll drive change. *The stories published modify names and identifying details to maintain anonymity.
🍇🌴 Sam Garven
2mo
Great breakdown, thanks Jonathan Sloan!
Strategic Partnerships | Top Mentor | Neurodiversity | Women's Safety
2moLove this Jonathan Sloan - does this mean that people in organisations don't have plausible deniability?