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Employer’s legal responsibilities regarding sexual harassment

An employer can be held vicariously liable if they fail to take all reasonable steps to prevent workplace sexual harassment. Implement a sexual harassment policy consistent with discrimination legislation to avoid legal ramifications.

Discrimination legislation
The Sex Discrimination Act is a Commonwealth statute that applies to all of Australia. The Act defines sexual harassment as unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated. Sexual harassment is not interaction, flirtation or friendship which is mutual or consensual.

Examples of sexual harassment include:

What you can do
Employers should take reasonable steps by drafting a sexual harassment policy. The courts will judge the policy’s efficacy should an employee bring a claim against you.

The policy should contain:

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