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Recruiters' new s-xual harassment obligations go beyond "rolling out training"

Recruitment leaders should already be considering how they'll comply with proposed workplace s-xual harassment legislation, with a lawyer suggesting some businesses have a much bigger job ahead of them than others.

One of the "most significant" elements of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 is the positive duty it places on employers to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment and victimisation, says Squire Patton Boggs partner Nicola Martin.

"In effect, we're moving away from a reactive model," she tells Shortlist, noting that employers have typically argued that they "shouldn't be vicariously liable" for the actions of their employees if they've taken reasonable steps to prevent misconduct.

"With the positive duty, this is looking at your workforce as a whole and promoting understanding of policy, not just rolling out training...