Pramod Pandey
Group Head Hr & Admin
Hopegovind
Manager- Hr & Admin
Numerouno
Principal Hr Consultant (ohs&w)
Paladin
Hr Consultant
Amartyabag
Legal Professional
Ashley_woo
Human Resources Executive
+2 Others

Thread Started by #ashley_woo

I am currently in the midst of drafting a sexual harassment and equal opportunity policy for the company. Since we're a small company, the management decides to have a simple yet comprehensive policy to protect the employees at the workplace. I've heard that Australia has got a very good Sexual Harassment Policy and also Equal Opportunity Act. Is there anybody out there from Australia which can lend a helping hand? Thank you very much.
18th January 2007 From Malaysia, Kuala Lumpur
Ashley,
I wrote a post some time back on the issue of sexual harassment, which might be of some interest. The link is <link no longer exists - removed>
I am currently employed in a government agency in South Australia as a Principal HR Consultant OHS&W. I have attached our "Workplace Conduct Policy" which deals with several kinds of inappropriate workplace behaviours.
Our policy seeks to comply with, and implement the "Equal Opportunity Act" of South Australia. The Equal Opportunity Act can be found at this link http://www.legislation.sa.gov.au/LZ/...CT%201984.aspx.
Hope this is of some help.
Progress Enterprise
<link outdated-removed>
18th January 2007 From Australia, Ballarat

Attached Files
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File Type: pdf workplace_conduct_policy_2006_270.pdf (329.1 KB, 2604 views)

I'm in the US, but I thought that this may be useful.

Sexual Harassment Prevention: Seven Actions to Take in the Wake of the Supreme Court's Decisions

1. Develop an anti-harassment policy.

A thorough anti-harassment policy, including simple complaint procedures, is critical. An effective, easily understood policy is fundamental to the employer’s defense that it exercised reasonable care to prevent unlawful harassment.

The Supreme Court in the Faragher case stated that an anti-harassment policy with complaint procedures would constitute "a significant factor" in meeting the first element of the employer’s defense. A stand-alone anti-sexual harassment policy is acceptable, provided a broader, unlawful harassment policy also exists.

2. Distribute the policy.

Once an anti-harassment policy is generated, the employer should disseminate it to all employees. Of course, managers and employees at all levels need to know that the policy exists and how to follow the specific procedures in the event of concerns or complaints about sexual harassment. Too many employers still maintain these policies only in management binders or on corporate office shelves.

Current policies can be placed on an organization’s intranet and can be available 24 hours a day. Encrypted computer signatures can validate that the policy has been received. However, for most employers, a signed paper copy of the policy will still be the most efficient method of insuring that each employee has received it.

3. Conduct training.

The unequivocal message from the Supreme Court is that employers must act affirmatively to prevent sexual harassment. When they do, they may raise such acts as an affirmative defense in a lawsuit. For this reason, all employers should revisit their overall sexual-harassment prevention plans and adopt more effective, enlightened, practical and consistent training programs.

One of the most effective and proactive ways to prevent sexual-harassment lawsuits is to teach employees about the specific conduct prohibited, and to inform them that they will be held personally and individually accountable for such behavior.

It is important now, more than ever, that supervisors receive training that outlines the conduct that may constitute sex harassment and that they receive a strong message that their employer will not tolerate acts of harassment.

However, the best means of preventing unlawful harassment and laying a strong foundation for the affirmative defenses—as outlined in the Ellerth and Faragher cases—is to ensure that all employees attend comprehensive, periodic "awareness training."

Such training should incorporate both practical information and legal interpretation as to why and how harassment complaints arise, definitions of prohibited conduct in plain terms, and a delineation of complaint procedures that leaves no doubt as to the appropriate means for victims to obtain assistance and relief. Managers, supervisors and human resources representatives should additionally receive appropriate training on how to effectively implement an employer’s response mechanisms, from communication of the initial complaint or concern (no matter how informal) to investigating and executing corrective action.

Practical and interactive management-level training on handling typical challenges, such as uncooperative victims, the impact of consensual relationships and a lack of corroborating evidence in "he said-she said" situations is vital. Training on the issue of individual liability under state law can also be a very important tool to establish an initial interest among employers and supervisors in avoiding prohibited conduct.

Ideally, training programs should be reevaluated to insure that they cover more than just sexual harassment prevention. Other unlawful conduct in the workplace is equally unacceptable and also creates potential liability.

4. Audit employment decisions.

Every employer should heed the Supreme Court’s focus on "tangible employment actions" by ensuring that all such actions are subject to internal "checks and balances" before implementation. This review may be performed by human resources personnel or other experienced managers to ensure that no illegal actions are involved. This is a good way to limit the employer’s vicarious liability in situations where tangible employment action is an issue.

5. Promptly investigate.

Prompt investigation of harassment claims is critical. An employer’s indecisive action, or failure to exercise unambiguous leadership in this context, will neither correct unlawful behavior nor establish the affirmative defense that it exercised reasonable care and promptly corrected any inappropriate behavior. An effective investigation includes planning and coordination with human resources.

Experience has shown that when the employer takes the matter seriously enough to launch a well-planned investigation, and communicates the general plan and related policies (including no retaliation) to the victim prior to the investigation, the victim is reassured, and risks of further claims and eventual liability are reduced.

Finally, a thorough, accurate and factual documentation is a key factor in accomplishing the best possible outcome. Only well-trained employees or third parties should be charged with this responsibility because such investigations require outstanding listening and communication skills, as well as scrutiny and interpretation of complex human interactions. Incomplete, inaccurate or biased investigations can actually deepen both the problem and the employer’s liability

6. Take prompt and effective remedial action.

After concluding that inappropriate harassment has likely occurred, an employer must take prompt remedial action that is reasonably designed to stop the harassment. The Ellerth and Faragher decisions emphasize the duty of the employer to promptly correct any unlawful behavior. While the victim is not entitled to decide the appropriate response, his or her wishes may be taken into consideration.

To avoid claims of retaliation, the victim should not be required to transfer or change jobs to resolve the situation. The threat of retaliation suits is great in this context, and must be aggressively addressed by reiteration of the employer’s "zero tolerance" policy at appropriate intervals throughout the process.

7. Follow up on remedial measures.

The employer should always check back with the victim after remedial action has been taken to make sure that it was effective in resolving the harassment. Periodic monitoring and follow-up questions should also be documented, and the victim’s feedback should be documented, as well.

At this stage, it is also a good idea to reaffirm the employer’s anti-harassment policy with all employees involved in the investigation, including the accused, the accuser and any witnesses. Copies of the policy should be distributed to such persons as a matter of course. Under appropriate circumstances, immediate training focused on any weak areas of the employer’s prevention or response plan is recommended.

PALADIN
19th January 2007 From United States,
Thank you so much for your help. I am confident that with your help I’ll be able to set up a good sexual harassment policy. Thanks again. Ashley
22nd January 2007 From Malaysia, Kuala Lumpur
Hi
Indian Parliament has passed prevention of sexual harassment of women at workplace Act. I have analysed it alongwith all the major highlight, process and guideline for HR. It includes copy of the Act, copy of Vishakha V/s state of Rajasthan judgment from Supreme Court, format for sexual harassment prevention policy for HR. Please read and share
You may read it completely from
Everything you want in Human Resources, Business, Management and career questions.: Everything you want to know Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and how to implement it
13th June 2013 From India, Mumbai
Is The Sexual Harassment of Women at Workplace ( Prevention, Prohibition and redressal) Act 2013 applicable to the place whre only 3 to foru female are working L
13th July 2013 From India, Mumbai
No the Act is applicable on all workplaces, irrespective of the number of female employees. However, an ICC must be formed where there are more than 10 employees (and not 10 female employees).
1st March 2014 From India, New Delhi
Hi,
Our company is in Bangalore and am currently looking at forming the Sexual Harassment policy , committee etc . Please let me know if there are consultants in Bangalore who can support in this regard.
Its urgent please.
Thank you
30th April 2014 From India, Bangalore
Hi All,
We at Simpliance have designed a tool which configures all Anti Sexual Harassment Compliance for you and allows you to manage your compliance on the cloud,including evidence management and inquiry proceedings. The tool also provides the complete act, rules and associated collateral for execution of the compliance. Do get in touch with me at for further information.
9th October 2015 From India, Bengaluru
Dear Prem Kumar,
We are a pan India non for profit organization helping corporates across India including Bangalore setting up POSH compliance. Please write to us at and we will be happy to help you.
Thanks
19th October 2015 From India, New Delhi
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