A step in a positive direction: evidence-based measures to fulfil your positive duty
14 October 2024In last month’s article we provided an overview of the new Positive Duty under the Sex Discrimination Act 1984 (Cth). We outlined the steps that Australian PCBUs (including employers) need to take to show that they are implementing reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, sex discrimination, hostile workplaces, and victimisation within their organisations.
This month, we are examining Comcare’s research on the effectiveness of common measures to prevent or eliminate sexual harassment. The key finding is that the most effective approach to preventing and reducing workplace sexual harassment is by adopting “multi-pronged interventions”.
Systems for Respect
Comcare’s ‘Systems for Respect: Interventions to Reduce Workplace Sexual Harassment’ (Systems for Respect Report) analysed 14 studies of workplace interventions across the USA, UK, Canada, New Zealand and West Europe that aim to prevent or eliminate workplace sexual harassment. The interventions included policies, training, bystanders and multi-faceted approaches.
Training Interventions
Workplace sexual harassment training increased trust in leadership and improved knowledge, leading to increased reporting of sexual harassment. Interestingly, Comcare found no difference in the effectiveness of in-person training compared to online training.
Policy Interventions
The effectiveness of workplace sexual harassment policies varied depending on their stance. For example, a clear ‘zero tolerance’ policy led to an increase in reporting of sexual harassment compared to a policy with vague objectives or no policy at all.
Bystander Interventions
The most effective bystander interventions are those that are immediate and assertive; however, they have a limited effect on preventing workplace sexual harassment or remedying the harm it causes.
Multi-pronged Interventions
Critically, the Systems for Respect Report found that the effectiveness of each intervention is ‘diminished when conducted in isolation’.
For example, the Report found that:
- training must be supported by strong leadership and role models who ‘walk the talk’
- policies alone are insufficient to reduce workplace sexual harassment particularly in masculine or hierarchical workplaces, and
- bystanders were more likely to intervene where they felt the organisation had fair procedures to respond to sexual harassment and the workplace culture did not tolerate gender-based harassment.
Key takeaways
The Systems for Respect Report emphasises the importance of taking a comprehensive approach to meeting the obligations under the positive duties in preventing workplace sexual harassment, sex-based harassment, sex discrimination, hostile workplaces, and victimisation.
This requires strong leadership that promotes a culture of ‘zero tolerance’, along with effective reporting and grievance systems that empower bystanders and employees to report inappropriate or unlawful behaviours.
Want to know more?
If you require any assistance or advice in implementing these takeaways, or would like to know more about what this article means for your particular organisation, please do not hesitate to contact us.