When the Australian parliament passed the Anti-Discrimination and Human Rights Legislation bill late last year, it introduced an innovative requirement for employers termed as “Positive Duty”. According to the new provisions, employers are not only expected to respond to incidents of sexual harassment and discrimination at the workplace, but also take proactive steps towards preventing their occurrence. The Australian Human Rights Commission (AHRC) is set to assess and monitor compliance with the Positive Duty starting December 2023. Fisher Phillips, a leading firm in the field of labor and employment law, has outlined a seven-step framework to help businesses and employer organizations comply with these new guidelines.
- The first step is raising awareness, holding dialogues with employees about workplace expectations related to conduct and behavior.
- Secondly, employers must review and update policies to explicitly cover the Positive Duty and communicate the same to employees.
- Train your labor force. Regular trainings and workshops on discrimination and harassment can help foster an environment of respect and dignity.
- The fourth step is to provide a reliable complaint mechanism, ensuring no victim fears retaliation.
- Fifthly, maintain a strong non-retaliation policy. Employees should feel safe to report harassment without any fear of adverse employment actions.
- Investigation of complaints comes next. Timely and effective investigation of allegations not only demonstrates seriousness towards these issues but also helps in better resolution.
- The seventh and final step is remedial actions. Where complaints are substantiated, necessary remedial actions must be taken, including disciplinary measures against perpetrators if required.
By following these seven steps, employers can not only ensure compliance with the new guidelines but also foster a more inclusive workplace environment rooted in respect and fairness.