Discriminatory Harassment In The Workplace

The part of discriminatory harassment in the workplace that organisations manage worst is what happens after the complaint, because victimisation is a separate breach in its own right.

It does not depend on the original complaint being substantiated. A person whose allegation is not upheld is still protected from detriment for having made it.

What counts is broader than dismissal. Reduced shifts or hours. Being moved while the other person stays. Exclusion from meetings or projects. A sudden change in a performance rating. Being frozen out socially. Having a previously flexible arrangement withdrawn.

Witnesses are protected on the same basis, which organisations forget entirely.

The practical control is to review what changed for everyone involved three months after any matter closes, rather than assuming it ended when the file did.

The Australian Human Rights Commission covers victimisation. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s EEO training course and workplace compliance system.