Changes to the Sex Discrimination Act

Changes to the Sex Discrimination Act broaden employer obligations. Ensure you update your policies to reflect these.

Amendments to the Sex Discrimination Act came into effect on 21 June 2011 broadening employer obligations to employees and other workers. These amendments relate to family responsibilities, breastfeeding and sexual harassment.

The amendments contained in the Federal Sex and Age Discrimination Legislation Amendment Act 2011 include:

  • broadening the protection against direct discrimination in the workplace on the grounds of family responsibilities applying equally to men and women;
  • establishing breastfeeding, including the act of expressing milk, as a separate grounds for discrimination;
  • altering the test of what constitutes sexual harassment and how it is applied;
  • broadening the prohibition on sexual harassment in the workplace in respect of seeking, or receiving, goods, services or facilities from the harassed person;
  • broadening the protections against sexual harassment in educational institutions for 'adult' students as well as staff members;
  • specifically regulating sexual harassment conducted by way of new technologies,such as mobile phone cameras, social networking websites, emails or SMS / MMS communications.

Employer should take the following steps:

  • review policies and procedures regarding family responsibilities and how they affect the workplace;
  • review whether any facilities need/or can be made available for breastfeeding women, or those wishing to express milk;
  • ensure that there are no practices or policies that would prevent staff from taking appropriate breaks for breastfeeding;
  • update sexual harassment policies to reflect the changes and ensure these are communicated to staff.

If you need assistance to implement these changes in your workplace please contact us.

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