Harassment in the workplace - Section 28AA, SDA (on the ground of sex), SDA remedies and other matters

Explore comprehensive legal guidance on sexual harassment in the workplace, focusing on protections under the Sex Discrimination Act 1984 (Cth) and relevant state and territory laws. This guidance note outlines key legislative amendments, complaint processes, and employer obligations that practitioners and organisations must understand to effectively navigate this complex area of employment law.

Topics Covered

• Respect at Work legislative reforms and implications
• Interaction of federal, state and territory discrimination laws
• Procedural pathways for sexual harassment complaints
• Strategic considerations in choosing the appropriate jurisdiction
• Detailed analysis of sexual harassment definitions and criteria
• Vicarious and accessorial liability of employers and PCBUs
• Work health and safety duties relating to sexual harassment risks

Essential Insights

• Assess the critical impact of the Respect at Work Acts 2021 and 2022 on sexual harassment protections and complaint timelines.
• Understand the nuanced differences between sexual harassment and sex-based harassment under the SDA’s amended criteria.
• Recognise the significance of the “reasonable person” standard incorporating specific circumstances and power imbalances.
• Explore the strategic implications of concurrent jurisdictional claims and the limits imposed by overlapping state and federal laws.
• Identify the scope of vicarious and accessorial liability for employers, including the importance of taking “reasonable steps” to prevent harassment.
• Consider the integral role of work health and safety legislation in managing sexual harassment as a workplace hazard.