Empowering Change: Building Knowledge to Eradicate Workplace Harassment

Relevant knowledge is a fundamental requirement for organisations to meet the legislative obligations and to eradicate workplace sexual harassment. The introduction of the Employer’s Preventative Duty means a change in the nature and scope of the obligations resting on employers to ensure that employees have a genuine and comprehensive understanding of the harms associated with sexual harassment.

The focus of the new framework is to shift from an instructional model that simply describes prohibited behaviour to one that creates a meaningful understanding that sexual harassment is damaging for the workplace environment and culture in general (and that the damage also extends beyond the workplace). The new framework also has an emphasis on collective responsibility at all levels, from leadership to employees.

The new approach requires employers to abandon tick-box, standardised, usually tedious training which has been the norm and which employers assumed would be adequate to fend off legal liability. Research shows such approaches are ineffective, and the new law requires training (or other knowledge building solutions) that is more dynamic, personalised, and effective. Education must go beyond compliance to foster genuine behavioural change and a culture of respect and inclusion.

Under this new approach, organisations are expected to:

• Provide formal training complemented by continuous learning opportunities, using a trauma-informed methodology that acknowledges the sensitive nature of harassment issues.
• Tailor content to meet the specific needs of their workplace and to align with company values and policies.
• Educate employees and leaders alike on the broad implications of unlawful workplace behaviour and the importance of maintaining a respectful environment.

The most effective training will also address many of the drivers of sexual harassment such as gender disparities, excessive power differences and victimizing complainants; either helping employees to understand these drivers or provide them with tools to eliminate them.

In addition, this new paradigm involves instilling in the workforce a deeper understanding of all the ramifications of unlawful workplace behaviour.

However, should your organisation only be able to engage in more fundamental training about sexual harassment, it should include (but is not limited to):

• A statement that sex discrimination; sexual harassment and sex-based harassment are unacceptable.
• A statement that organisations have an obligation to eliminate unlawful conduct.
• A commitment to provide a safe work environment.
• Definitions of the various types of unlawful behaviour.
• A statement that the policy applies to workers and third parties (including contractors and customers).
• Recognition of the drivers of unlawful conduct such as gender equality.

Ultimately, a more proactive stance supports the legislation’s broader aim of preventing harassment before it occurs, reinforcing the collective responsibility of both employees and employers.

Practical guidelines

to equip leaders and organisations with the tools they need to meet the positive duty:

Utilize a trauma-informed approach, acknowledging the sensitivity of the topic and ensuring empathy in the program’s design.
 

Customize the content to align with your organisation’s values, policies, and goals, addressing specific challenges and dynamics.
 

Ensure the policy applies to all individuals associated with your organization, including employees and third parties.
 

By following these practical recommendations, your organisation can cultivate a more respectful and inclusive work environment while effectively addressing issues related to sexual harassment.