Law & Rights
The right to a workplace free of discrimination and harassment
Under both Victorian and Federal Equal Employment Opportunity and Anti-discrimination legislation, workers have the right to a workplace that is free from discrimination and harassment (see our FAQ on Discrimination and Harassment). The legislation makes it illegal to discriminate against someone on the basis of certain characteristics.
Furthermore, under the Victorian OHS Act, employers have the duty to provide and maintain a working environment that is safe and without riks to health. So harassment and discrimination are OHS issues as well.
Under both pieces of legislation, it is the legal duty of the employer to ensure that the workplace is free from discrimination and harassment. In a recent decision, the NSW IRC stated that it was insufficient for an employer to simply explain employees' rights and confirm a policy of equal opportunity to avoid blame when allegations of discrimination and harassment arise. Active and material steps have to be taken to create an appropriate work culture.
If you believe you are being discriminated or harassed, take the issue to both the OHS rep and your union delegate. If you are the OHS rep, contact your union for more advice and assistance.
See Also:
Sexual Harassment in the Workplace resources from the Human Rights and Equal Opportunity Commission:
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Information for workers: Work Out Your Rights. The site has information sheets, FAQs, where to get more information, how to get help, and more.
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A toolkit for employers which includes a seven-point checklist to help employers draft anti-discrimination policies. The employers' information pack, Good practice, good business: Eliminating discrimination and harassment from your workplace, is available on CD and contains extensive resource material. It is also available on a dedicated website.
- 20 years on: the challenges continue: a 2004 review of sexual harassment in the Australian workplace.
- Sexual Harassment A Code of Practice for Employers.
- A Bad Business Review of sexual harassment in employment complaints, 2002.
Contact the Victorian Equal Opportunity Commission Enquiries Line: 03)9281 7100, or alternatively, check their
website.
The Federal government's Human Rights and Equal Opportunity Commission also has a website
International material
Europe's unions and employer organisations have signed a framework agreement to fight against harassment and violence at work. Negotiated over ten months, the text commits a number of the signatories to combat by April 2010 all unacceptable behaviour that can lead to harassment and violence at the workplace.
ETUC news release. Framework agreement on harassment and violence at work [pdf].
ETUC news release. Framework agreement on harassment and violence at work [pdf].