What Are Employers’ Legal Obligations Regarding Sexual Harassment

Asking what are employers legal obligations regarding sexual harassment used to be answered by describing a complaints process. That answer is now incomplete.

A positive duty applies. Organisations must take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex discrimination, harassment on the ground of sex, hostile workplace environments on the ground of sex, and victimisation.

The Commission publishes guidelines setting out guiding principles and standards for satisfying it, and it holds compliance and enforcement functions.

What changed is the timing of the question. It is no longer only how you handled a complaint. It is what you had in place before anybody complained, whether it was proportionate to your risk, and whether you can evidence any of it.

The Australian Human Rights Commission publishes the positive duty guidance. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course and workplace compliance system.