The ‘hashtag me too’ movement (#metoo) has recently swept across social media and news outlets. It could almost be said that only someone living underneath the proverbial rock would be unaware of this movement.
What isn’t as well known (and certainly should be) are the applicable laws and rules for employers and employees in Australia. In summary:
- State laws, like the Victorian Equal Opportunity Act 2010 makes sexual harassment in the workplace against the law. The definition of workplace is broad and includes persons working in the same place employed by different entities as well as independent contractors and volunteers. Employers are liable for the actions of employees who sexually harass another person.
- Federal laws, like the Sex Discrimination Act 1984 include sexual harassment as a form of sex discrimination. Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. Employers are liable for the actions of employees engaging in sexual harassment unless the employer has taken all reasonable steps to prevent the harassment occurring.
- Privacy and defamation laws may be breached.
- Criminal laws may be violated by certain behaviours which can also constitute sexual harassment.
- Occupational health and safety laws may be breached.
The financial cost to a business when sexual harassment occurs can be crippling.
- As demonstrated by the ‘hashtag me too’ campaign, the reputation of a business may be irreparably damaged.
- Productivity will likely decrease and insurance premiums increase.
- An affected employee or a colleague of an affected employee may complain to the State work safety authority and/or make a worker’s compensation claim.
- The Courts have demonstrated a willingness to accept submissions from complainants for millions of dollars in damages for alleged pain, suffering and hurt caused by sexual harassment.
Please give us a call on (03) 5722 4681, if you would like to talk through what steps your business can take to avoid problems with sexual harassment.
MORGAN COUZENS LEGAL
