Preventing Sexual Harassment at Work: Law Changes for Employers

As an employer, preventing sexual harassment at work is more crucial than ever.

Recent law changes bring increased responsibilities and potential penalties, so you need to take action to protect your staff and your business. Review and update your anti-harassment policies, establish clear reporting procedures, and seek legal guidance to ensure full compliance. 

We all have a duty to create safe and respectful workplaces. The time to step up is now.

Understanding the New Legal Responsibilities for Preventing Sexual Harassment

As of October 2024, there are new laws regarding sexual harassment prevention that you need to be aware of as an employer. 

You must take reasonable steps to prevent harassment. This means reviewing and updating your anti-harassment policies, providing regular training for all staff, and ensuring you have clear reporting procedures and mechanisms for addressing complaints promptly and impartially.

Compensation for harassment claims has increased. This makes prevention and education even more critical. Provide training that covers what constitutes harassment, how to report it, and your company's stance against it. Make it interactive and customised for different roles. Repeat training regularly to reinforce the message.

Foster an open culture where people feel heard. Encourage people to report harassment early by assuring their claims will be handled sensitively and impartially. Publicise your reporting procedures and share stories of actions taken in response to reports. This builds trust in the system and reassures people their concerns will be taken seriously.

Be proactive, not reactive. Don't just wait for reports to come in - monitor for signs of harassment and address them. Look for changes in behaviour or performance that could indicate someone feels uncomfortable at work. Talk to your staff and get a sense of the overall workplace culture. Nip any issues in the bud before they escalate.

The new laws mean employers have a legal responsibility to prevent harassment. But more than that, promoting a respectful work environment where people feel safe, heard and supported is ethical. Make harassment prevention a priority, and this law creates an opportunity to strengthen your company culture. 

Implementing Effective Anti-Harassment Policies and Training

As an employer, you'll need to make some important changes to comply with the new Worker Protection Act.

Review and Update Your Policies

First, review your current anti-harassment policy to ensure it prohibits sexual harassment specifically. Make any needed updates to align with the Act's requirements, such as increasing compensation for victims by up to 25%. Be sure to clearly define what constitutes inappropriate behaviour and the consequences for violations. Distribute the updated policy to all employees and have them sign an acknowledgement form.

Provide Comprehensive Training

You'll also need to implement regular anti-harassment training for your entire staff. This should cover things like how to recognise inappropriate behaviour, the proper way to report incidents, and the consequences for violators. Consider making this an annual requirement. Holistic HR can help with policies and training.

Enforce Your Policies Consistently

The most important thing is consistently enforcing your policies. This means investigating all reports of harassment promptly and taking appropriate action against violators. Failure to do so can result in legal liability for your company.

While the new requirements may seem daunting, taking a proactive approach can help promote a respectful work environment and limit liability risks. Reviewing policies, conducting training, and enforcing rules consistently are the keys to compliance. By making these good-faith efforts, you'll support your employees and protect your business.

FAQs on Sexual Harassment: Your Questions Answered

What constitutes sexual harassment under the new Act?

Any unwanted conduct of a sexual nature that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This includes verbal, non-verbal and physical harassment, such as inappropriate touching, sexual jokes or comments and propositioning someone.

Do we need to update our policies?

Yes, it is critical that you review and update your anti-harassment policy to align with the new Act. Clearly communicate your zero-tolerance stance on sexual harassment and the specific behaviours that constitute harassment. Outline the investigation process and possible disciplinary actions. Provide regular anti-harassment training for all employees and managers.

How should we handle complaints?

You must have proper procedures in place to deal with harassment complaints promptly, confidentially and impartially. Appoint designated harassment officers to investigate claims. Take all complaints seriously by meeting with the parties involved, interviewing witnesses, and reviewing evidence. Reach a conclusion and take appropriate action in a timely manner. Failure to do so can lead to legal consequences.

What are the penalties for non-compliance?

If found liable for harassment or for mishandling a complaint, compensation awarded to victims can be uncapped. You may also face an unlimited fine and damage to your reputation. It is in your best interest to take proactive steps to promote a respectful work environment free from sexual harassment. Staying up-to-date with legal requirements and providing proper training can help reduce risks.

Conclusion

Seek advice from Holistic HR to clarify any uncertainties you may have in interpreting the new Act. While the additional responsibilities may seem daunting, preventing harassment and protecting employees should be a priority. With the right policies and culture in place, you can avoid legal and financial repercussions of non-compliance.