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WHAT is Respect@Work?

Have you heard this term used in lots of different ways? Confused? Want clarity?

 

Respect@Work: a quick overview

Since its arrival with the publication of the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces in 2020, I’ve heard the term 'Respect@Work' used in 5 different ways.

This can be confusing.

In my experience, the term can be used to refer to the:

  1. Australian Human Rights Commission’s Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces.
  2. Respect@Work laws, which is the legislative package introduced as a result of the recommendations that came out of the National Inquiry that means employers now have a Positive Duty to eliminate sex discrimination and sexual harassment from their workplaces.
  3. Respect@Work Guidance Materials, which provide practical guidance for businesses and organisations on what they need to do to satisfy the Positive Duty.
  4. Australian Human Rights Commission’s Respect@Work website, which provides resources produced by a broad range of organisations to help you eliminate sexual harassment from your workplace.
  5. The key concept behind how everyone is now expected to behave at work.

Respect@Work Report

In 2020, the Australian Human Rights Commission delivered the report from its National Inquiry into Sexual Harassment in Australian Workplaces.

The National Inquiry examined the:

  •  nature and prevalence of sexual harassment in Australian workplaces
  •  drivers of sexual harassment
  •  measures to address and prevent sexual harassment.

The report found that sexual harassment was prevalent and pervasive in Australian workplaces. It occurs in every industry, every location and at every level.

The Commission concluded that:

  •  the current system for addressing workplace sexual harassment was complex and confusing for both victims and employers.
  •  most people who experience sexual harassment never report it because they fear the impact it will have on their reputation, career prospects and relationships within their community or industry.

It recommended moving from a reactive complaints-based approach to one that requires positive action from employers and a focus on prevention.

Most importantly, the Commission proposed a new approach for government, employers and the community to better prevent and respond to sexual harassment in the workplace.

The new approach is:

  •  evidence-based
  •  victim-focused to achieve better outcomes for people experiencing harassment
  •  framed through a gender and intersectional lens
  •  based upon existing legal frameworks.

The Commission made 55 recommendations that fell under 5 key areas of focus:

  •  data and research
  •  primary prevention
  •  the legal and regulatory framework
  •  preventing and responding to sexual harassment in the workplace
  •  support, advice and advocacy.

The Australian Government has committed to implement all 55 recommendations.

Respect@Work legislation

The term 'Respect@Work legislation' refers to the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 (Cth), which amended the Sex Discrimination Act 1984 (Cth).

This change to the Sex Discrimination Act implements 7 of the recommendations from the Respect@Work Report that focus on discrimination and workplace gender equality, including:

  • introducing a Positive Duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, including sexual harassment and sex-based harassment from workplaces.
  • providing the Australian Human Rights Commission with new functions to assess and enforce compliance with the Positive Duty.

Previously, the law relied on individuals and focused on relying on individuals to lodge complaints

The key changes from an employer perspective are:

  • placing a duty on employers to take steps to eliminate sex discrimination, sexual harassment, sex-based harassment and victimisation from their workplaces.
  • giving the Australian Human Rights Commission new powers monitor and assess compliance.

The idea is to create make Australian workplaces more equitable, as well as safer and inclusive.

Respect@Work guidance material

If you are an employer, complying with the Respect@Work legislation is not just a tick-a-box legal compliance issue.

You need to take a holistic approach to drive cultural change in your workplace.

The Australian Human Rights Commission’s has created the Respect@Work Guidance Materials to help you comply with the Positive Duty.

Each guide provides detailed advice on the steps you need to take to drive the behavioural change that will eliminate sex discrimination, sexual harassment and sex-based harassment from your workplace.

These resources are excellent but they are extremely detailed.

If you are busy and don’t have time to review all the documents and work out how to undertake a process that can seem extremely complex and even overwhelming, I can help.

Respect@Work website

The Respect@Work website provides information, education and resources on how to better understand, prevent and address workplace sexual harassment.

The website is designed for:

The Australian Human Rights Commission and the Respect@Work Council developed the website in response to Recommendation 48 of the Commission’s Respect@Work Report.

It includes the Resource Hub that collates resources from a broad range government organisations and organisations.

Respect@Work: how we should behave at work

Respect@Work is also the objective behind the recent changes to the Sex Discrimination Act 1984 (Cth).

When I talk to employers about what the Respect@Work laws mean for their business, they often say that both they and their employees find it confusing.

Basically, the law is trying to drive behavioural change in workplaces because the previous complaints-based approach was not working. In Australia, the rates of workplace sexual harassment are extremely high and were getting worse.

At the heart of this change in behaviour is ensuring that we treat everyone at work with respect irrespective of their:

  •  sex/gender
  •  sexual orientation
  •  race/ethnicity
  •  migration status
  •  disability
  •  class.

In addition, everyone should be treated with respect irrespective of their position with the business or organisation.

Just because you hold a position of power within an organisation does not mean you can treat people occupying lower status roles disrespectfully.

What is the difference between the Positive Duty and Respect@Work?

Often, the terms ‘Positive Duty’ and ‘Respect@Work’ are used interchangeably.

Technically, the two terms refer to different things.

The term ‘Positive Duty’ is narrower and refers to the broad changes that the Australian Government has made to the Sex Discrimination Act 1984 (Cth) that require employers to prevent:

  1. Sex discrimination in a work context
  2. Sexual harassment in a work context
  3. Sex-based harassment in a work context
  4. Conduct that amounts to subjecting a person to a hostile work environment on the grounds of sex
  5. Victimisation.

As explained above, ‘Respect@Work’ is a broader concept and may refer to the:

  1. Respect@Work Report.
  2. Respect@Work laws, which is the legislative package that has changed the law so employers now have a Positive Duty to eliminate sex discrimination, sex-based harassment, sexual harassment, hostile workplaces on the basis of sex and victimisation from their workplaces.
  3. Respect@Work Guidance Materials
  4. Respect@Work website
  5. How everyone is now expected behave at work.

Basically, we should all be working towards achieving Respect@Work.