http://www.HROnCall.com.au Important things that businesses in Australia need to be aware of in relation to Anti Discrimination and Sexual Harassment laws.

1. Your HR Department On Call
Things Every Business Needs to
Know About Sexual Harassment
Presented by Melissa Behrend Founder HR On Call
www.HROnCall.com.au

2. Discrimination / Harassment
What is the difference
• Discrimination is when you treat people differently or less
favourably
• Discrimination may be:
ƒ direct, i.e. a worker is singled out for negative treatment;
or
indirect, i.e. a rule, requirement or condition is imposed in the workplace
that singles out a worker or class of workers in the same circumstances
because they cannot meet that rule or requirement.
• Harassment is any form of unwanted or unwelcomed
behaviour – can range from unpleasant remark to physical
violence
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3. Anti-discrimination
• Equal Employment Opportunity – equal
chance for employment, promotion, training
etc
• Treated on merits without regard to race, age,
sex, marital status
• does not tolerate any form of discrimination
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4. Federal and State Laws
• Sex
• Relationship or parental status
• Race
• Religious belief or activity
• Impairment
• Trade union activity
• Lawful sexual activity
• Pregnancy
• Breastfeeding needs
• Family responsibilities
• Gender identity
• Sexuality or
• Age
Also against the law to treat a client or team member unfairly because they are linked
to someone in these groups.
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5. Discrimination may involve:
• Offensive jokes or comments
• Displaying of pictures etc.
• Negative stereotypes
• Judging on beliefs rather than work
performance
• Undermining authority because of personal
characteristic dislikes
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6. Workplace Bullying & Harassment
What is workplace harassment or bullying?
Workplace harassment is where a person is subjected to behaviour, other than sexual
harassment, that:
– is repeated, unwelcome and unsolicited
– the person considers to be offensive, intimidating, humiliating or threatening
– a reasonable person would consider to be offensive, humiliating, intimidating or threatening.
Workplace harassment can be committed by:
– an employer
– worker
– co-worker
– group of co-workers
– client or customer or
– a member of the public.
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7. Workplace Harassment
Workplace harassment covers a wide range of behaviours ranging from subtle
intimidation to more obvious aggressive tactics, including:
– abusing a person loudly, usually when others are present
– repeated threats of dismissal or other severe punishment for no reason
– constant ridicule and being put down
– leaving offensive messages on email or the telephone
– sabotaging a person's work, for example, by deliberately withholding or
supplying incorrect information, hiding documents or equipment, not
passing on messages and getting a person into trouble in other ways
– maliciously excluding and isolating a person from workplace activities
– persistent and unjustified criticisms, often about petty, irrelevant or
insignificant matters
– humiliating a person through gestures, sarcasm, criticism and insults, often in
front of customers, management or other workers
– spreading gossip or false, malicious rumours about a person with an intent to
cause the person harm.
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8. Sexual Harassment
• Any form of unwelcome sexual attention
• Could be:
• Unwelcome physical touching
• Sexual or suggestive comments, jokes or taunts
• Unwelcome requests for sex:
• The display of clearly sexual material e.g. photos,
posters or reading matter e.g. emails, faxes, social
media links
• Does not have to be repeated or
ongoing
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9. Actions which are NOT discrimination
or harassment
• Legitimate and reasonable management
actions & business processes e.g.
transfers, demotions, discipline, redeployment
, retrenchment, dismissal
• Provided they are conducted in a reasonable
and lawful way
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10. Racial Vilification
• Vilification is a public act of racial or religious
hatred
• It’s a criminal offence to incite racial an
religious hatred of others by threatening
physical harm towards a person or property
• Many forms:
• Hate speeches, graffiti, websites, social media postings

11. Racial vilification
• Law allows for free speech e.g.
• Fair report by media
• Discussions or debates in good faith
• Material used in parliament, courts, tribunals
and other government inquiries
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12. Vicarious Liability
what is it?
It’s the responsibility you have (as an employer) for the actions of your
workers or agents towards others as they do their work. That is, the
responsibility of the superior for the acts of their subordinate
Under antidiscrimination legislation employers can be held liable for
the actions of their team members or agents
Examples:
– A worker sexually harasses another by repeatedly making remarks about her
breasts in front of co-workers. He also has her head on the body of a naked woman
as a screen saver.
– You own a restaurant, and one of your waiters refuses to serve a woman who is
breastfeeding her baby, and has told her to leave the restaurant.
• A complaint can be lodged against both the worker and the
employer.
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13. Responsibilities
• Team members
– Behave responsibility and comply with the company’s
policy
– Not tolerate unacceptable behaviour
– Report any incidents to your manager
• Supervisors / Managers
– Ensure safe work environment
– Demonstrate appropriate behaviour
– Treat complaints as serious
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14. What to do
• Report any incident to your supervisor /
manager
• All reported incidents will be treated seriously
and investigated
• Appropriate disciplinary action taken
• May involve warning through to dismissal –
depending on the circumstances
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