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Respect@Work: Amendments to sexual harassment laws
The Federal Government ,introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 on 27 September 2022.
The main reason for this is to implement a further seven of the 55 recommendations of the Australian Human Rights Commission’s Respect@Work Report for preventing sexual harassment.
It will introduce introduce a positive duty on employers to take proper measures for elimination of workplace sexual harassment, victimisation and sex discrimination and give the AHRC power to execute this.
Amendments include:
- Imposition of positive duty on employers to take reasonable measures for prevention of sexual harassment in work-place and victimization .
- Increase the power of Australian Human Rights Commission to asses compliance.
- Introduce “cost neutrality” for complainants.
- Indulging Commonwealth public sector organisations for reporting Workplace Gender Equality Agency.
Factors that should be consider to determine the positive duty on the employer are as follows:
- The size and nature of business.
- Resources of the duty holder.
- The cost involved in process.
The bill likewise incorporates a proposed correction to the Sex Discrimination Act 1984 to embed a prohibition on conduct that subjects someone else to a working environment that is unfriendly on the ground of sex.
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