The Australian Human Rights Commission (AHRC) has recommended workplaces be fined for failing to take steps to prevent sexual harassment.
It released a new report today recommending new workplace reforms, on top of a suite of proposals from 2020.
It includes a suggestion to overhaul non-disclosure agreement (NDA) clauses in contracts, which can stop people from talking about allegations of workplace sexual harassment.
Context
In 2020, the AHRC released a national inquiry into workplace sexual harassment called Respect@Work.
It found one in three Australians had been sexually harassed at work in the previous five years.
The AHRC made 55 recommendations, all of which were accepted by the then-Coalition Government.
One of the recommendations was that the AHRC set up a project for victim-survivors “to have their experience heard and documented with a view to promoting recovery.”
The report from this project, titled ‘Speaking from Experience’, has now been published.
The AHRC held a six-month consultation with more than 300 workers from culturally and racially diverse backgrounds, LGBTQ+ people, young people, First Nations people, and people with disabilities.
It has now made 11 recommendations to improve workplace approaches to sexual harassment, including a national awareness campaign.
The AHRC recommended introducing fines for employers who don’t take proactive steps to stop workplace sexual harassment.
Under Australian law, employers must comply with a ‘positive duty’ to prevent harassment. Examples include implementing training modules and creating reporting guidelines.
The current rules give the power to the AHRC to enforce positive duty compliance for businesses.
However, there are no substantial penalties for failing to comply.
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NDAs
The report also called on the Government to “restrict the use of confidentiality and non-disclosure agreements (NDAs) in workplace sexual harassment cases”.
NDAs are used to stop someone from speaking publicly about something.
Their secretive nature means there is little public knowledge about how employers use the clauses.
The AHRC recommended reforms based on legislation in Ireland, including:
- Only allowing NDAs when they are requested by the person who made the complaint
- Time limits
- Options to abandon confidentiality in future
Victoria is currently undergoing consultation on NDA reforms based on the Irish model.
The AHRC has previously advocated for serious reforms, urging employers in 2022 to use NDAs on a “case-by-case” basis, rather than as a standard response to harassment.
Solutions
The report cited anonymous workers’ testimonies about real-life changes.
A worker at a campsite said their workplace had a private number dedicated to preventing harassment.
“They say even if you don’t think it is, but you feel uncomfortable, please call this number,” the respondent wrote.
Another who works in public administration said: “Giving people examples of the kind of behaviour that’s not okay is helpful.”
