2 August 2011
Changes to discrimination legislation
Changes to federal Sex and Age discrimination legislation have recently taken effect. From 21 June 2011, the new legislation:
- Extends protection from discrimination on family responsibilities to both women and men in all areas of work not just termination of employment
- Lowers the test for what defines sexual harassment, conduct will be sexual harassment if a reasonable person would anticipate “the possibility” that the person would be offended,
humiliated or intimidated as opposed to the previous definition that they “would be” offended, humiliated or intimidated
- Extends the prohibition of sexual harassment in the workplace to “workplace participants” and requires employers to protect their employees from sexual harassment by customers,
clients and colleagues at other organisations;
- Defines harassment or discrimination as undertaken using a “postal, telegraphic or other like services” which extends harassment or discrimination to include technologies such as email,
SMS, mobile-phone cameras and social networking sites.
- Broadens the protection of students from sexual harassment in educational institutions
- Establishes breastfeeding as a separate ground of discrimination and requires that special measures are taken to accommodate the needs of breastfeeding women in the workplace and other areas
of public life
The amendments to legislation also created the position of Age Discrimination Commissioner in the Australian Human Rights Commission resulting in the appointment of former Senator Susan Ryan
to the newly created position from 8 August 2011.
In response to these changes employers should:
- review policies and procedures relating to family responsibilities;
- review policies and procedures applicable to and facilities available for women who are breastfeeding or expressing milk;
- review sexual harassment policies
- communicate changes to staff
Meanwhile in Victoria, changes to State legislation took effect from 1 August 2011 including:
- creating a positive duty on employers to eliminate discrimination, which obliges organisations covered by the law to take proactive, reasonable and proportionate measures to eliminate
discrimination, sexual harassment and victimisation
- creating a duty to provide reasonable adjustments for people with disabilities in employment, education and provision of goods and services
- extends the definition of disability.
Employers in Victoria should ensure that they are familiar with their obligations under this revised legislation.
Contact WorkSight for more information.