How Whistleblowing Supports Compliance with Integrity Regulations - Part 2: Sexual Harassment.

Workplace sexual harassment is both prevalent and pervasive, affecting employees globally, at every level and in every industry. In this article, we look at the financial, social, emotional, physical and psychological harm caused by sexual harassment in the workplace - particularly for women.

Beyond the personal repercussions, sexual harassment represents a significant financial cost to the economy; this is due to lost productivity, staff turnover and reputational damage to organisations.

In response to the #MeToo movement which recognised the prevalence of - and the immense harm caused by - sexual harassment in the workplace, many governments across the world have since implemented stricter legal requirements. A snapshot of key legal regulations in place in the UK, Australia, NZ, Singapore and the Philippines is outlined below: 

Evolving Sexual Harassment Laws by Country 

United Kingdom

Worker Protection Act 2023 (Amendment of Equality Act 2010) 

• Effective Date: October 26, 2024
• Key Provisions:

• Positive Duty on Employers: Employers are now legally required to take "reasonable steps" to prevent sexual harassment of their workers. This duty extends to harassment by any person, including clients and other business contacts, not just fellow employees.
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• Risk Assessment Approach to Compliance: Employers must proactively identify and mitigate potential harassment risks within the workplace.
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• Compensation Uplift: Breaching this duty may result in an employer facing a compensation uplift of up to 25% for affected employees.
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• Guidance for Employers:
  
  • The Equality and Human Rights Commission (EHRC) has published an 8-step guide to preventing sexual harassment at work to reflect these new legal requirements.
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Australia

Respect@Work Legislation

• Effective Date: December 2023

• Key Provisions:
  
  • Positive Duty on Employers: Employers must take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation.
  • Enforcement Powers: The Australian Human Rights Commission (AHRC) is empowered to assess compliance and initiate inquiries into suspected non-compliance.
  • Extended Complaints Timeframe: Following an alleged incident, individuals now have up to 24 months to make a complaint to the AHRC (extended from 6 months)
• Implications for Employers:
  
  • Employers are encouraged to implement comprehensive policies, conduct regular training, and establish clear reporting mechanisms to prevent and address sexual harassment in the workplace.

New Zealand

Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act

• Effective Date: June 13, 2023
• Key Provisions:
  
  • Victims now have 12 months (previously 90 days) to file a workplace harassment grievance.
  • All employment agreements signed after June 13, 2023, must reflect this new timeframe.
  • Employers failing to update agreements may face penalties of up to NZD20,000.

Singapore

Protection from Harassment (Amendment) Act 2019

• Effective Date: June 1, 2019
• Key Provisions:
  
  • Enhanced Workplace Protection: The Act covers various forms of harassment, including cyberbullying and stalking.
  • Expedited Protection Orders: Victims can obtain legal protection orders more quickly to prevent further harassment.
  • Increased Penalties: Higher penalties for offenders, including fines and imprisonment, are introduced to deter harassment.
• Employer Responsibilities:
  
  • Clear anti-harassment policies with training for employees and safe reporting channels.

Philippines

Safe Spaces Act (Republic Act No. 11313)

• Effective Date: April 17, 2019
• Key Provisions:
  
  • Expanded Definition of Sexual Harassment: The Act covers harassment in public spaces, online, educational institutions and workplaces, including gender-based sexual harassment.
  • Employer Responsibilities: Employers are mandated to:

• Develop and implement a comprehensive sexual harassment policy.
• Create a committee to investigate sexual harassment cases.
• Conduct regular education and training sessions for employees.

• Penalties for Non-Compliance: Employers who fail to comply with the Act's provisions may face strict fines and other penalties.

• Enforcement:
  
  • Stronger mechanisms for filing harassment complaints ensuring prompt action to address and resolve incidents.

How Whistleblowing Programs Support Compliance

Several themes emerge from these global legal updates that should be addressed by a contemporary whistleblower program. These include but are not limited to: 

• Raising awareness, advising and educating employers, managers and staff on their rights and responsibilities regarding sexual harassment.
• Adapting to emerging types of behaviours captured by the new laws, such as cyberbullying. 
• Encouraging victims to speak out by providing safe, confidential channels and giving them more time to report.
• Creating a culture of safe whistleblowing based on a well-designed program which encourages integrity, accountability and openness.
  
  

Ensuring Safe and Compliant Workplaces with Veremark’s Whistleblower Technology

Regulations are in place in many jurisdictions to resolve the issues of under reporting or bystander cultures that often exist inside workplaces when it comes to sexual harassment.

Our experienced team at Veremark Whistleblower Technology Solutions has significant practical experience in designing contemporary programs that not only address the evolving regulatory landscape but most importantly protect and support the individuals involved, especially when dealing with sexual harassment.

If you would like further information, please contact us here. 

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