Remember: Respect@Work covers more than sexual harassment

Recently, I was talking to a client about their Workplace Gender Equality Agency (WGEA) data.

Specifically, we were discussing their gender pay gap.

After a few minutes, the client said to me, ‘But this has nothing to do with Respect@Work’.

Actually, the WGEA data is closely linked to Respect@Work.

Let me explain why.

Respect@Work covers both sexual harassment and sex discrimination

Respect@Work has a range of meanings, which I’ve discussed in detail elsewhere.

However, most often, it is used as a user-friendly term for the Positive Duty under the Sex Discrimination Act 1984 (Cth).

The key point is that the Positive Duty doesn’t just cover sexual harassment.

You also need to eliminate:

• sex discrimination
• sex-based harassment
• a hostile workplace on the ground of sex
• related acts of victimisation.

So, as you can see, Respect@Work doesn’t just refer to sexual harassment and the associated behaviours listed above, it also refers to sex discrimination.

Quite often people make the mistake of taking a narrow view of Respect@Work and the Positive Duty. Specifically, they forget it covers both sexual harassment and sex discrimination. The confusion is understandable because I don’t think the Australian Government has been clear enough about what Respect@Work or the Positive Duty covers. After all, sexual harassment is the headline grabber so it gets all the attention.

What your WGEA data tells me about where you are on the journey to compliance with the Positive Duty

If I wanted to check how your business was travelling on the journey to compliance with the Positive Duty under the Sex Discrimination Act, the first place I’d check is your WGEA data.

It tells me all sorts of things about your workforce composition from a gender perspective.

I can see what percentage of your senior leaders are women.

I can see the gender composition of your Board

And I can see your gender pay gap data, which tells me a lot about how your business treats women.

I can also see information about your flexible work policies, parental leave, support for carers and your family and domestic violence policies.

Finally, I can see whether you consult with your employees about how to achieve gender equality in your workplace.

Each of these pieces of information tells me not only a lot about whether your business suffers from systemic gender discrimination but whether you’re trying to change things.

WGEA data also throws light on sexual harassment

When it comes to sexual harassment, the WGEA data is also useful.

I can see where you’re up to with your policies and processes.

More specifically, I can tell you that, while 99% of businesses have a formal sexual harassment and sex discrimination policy, only 56% have had them approved by their Board. All businesses need to have these policies approved by their Boards.

I can also see whether or not you run your sex discrimination and sexual harassment training modules frequently enough. The WGEA data shows me that most Australian businesses are lagging behind when it comes to training and knowledge.

So, the WGEA data means that your business is suddenly exposed. Anyone, including prospective employees, can take a peek behind the curtain and get a pretty good idea of how you’re going when it comes to complying with the Positive Duty.

What kind of picture does your WGEA data paint about your business?

The WGEA data is important for Respect@Work because Respect@Work isn’t just about sexual harassment, it is also focused on eliminating sex discrimination.

In other words, the WGEA data gives me a good idea about what your organisation is doing to eliminate sex discrimination.

The gender pay gap data is particularly illuminating in this respect, as the other data that the WGEA gathers.

So, if I worked for the Australian Human Rights Commission and was considering investigating your business, I would start by taking a look at your WGEA data because it gives me an overview of how you are travelling on the journey to compliance with Respect@Work.

What does your WGEA data tell me about your business?

Do you need help implementing the Respect@Work in your business or organisation? 

Dr Genevieve Burnett specialises in helping businesses and organisations implement the Respect@Work Positive Duty legislation. If you want expert advice on how to build a workplace where everyone feels safe, respected and included, get in touch now.