Find out about the Positive Duty and what your law firm needs to do to comply
What is the new Positive Duty?
The Australian Government has amended its Sex Discrimination Act 1984 (Cth). The Act now places a Positive Duty on employers to eradicate the following from their workplaces:
- sex discrimination
- sexual harassment
- sex-based harassment
- conduct that amounts to subjecting a person to a hostile work environment on the grounds of sex
- victimisation.
What is the objective?
The objective of this change in the law is to achieve workplace gender equality by ensuring that workplaces are safe, respectful and inclusive.
Does every law firm have to comply?
Yes. Regardless of the size or resources of your law firm, you must satisfy the Positive Duty. Even sole practitioners need to comply.
Can you be forced to comply?
Yes. The Australian Government has given the Australian Human Rights Commission new powers to ensure that employers comply with the Positive Duty. The Commission can now:
- investigate an employer's compliance with the Positive Duty
- issue compliance notices or enter into enforceable undertakings
- apply to the Federal Courts for an order to force an employer to comply.
Why your law firm needs to make sure you are complying
The new Sex Discrimination Commissioner, Dr Anna Cody, says the AHRC will target the legal sector, since both the quantitative and qualitative data indicate that the industry has a problem with sex discrimination and sexual harassment.
How can this white paper help you?
This white paper will help you understand:
- the Positive Duty
- why the legal sector is being targeted
- what you need to do to comply.
Get the white paper now
The Positive Duty: is your law firm compliant?
Every employer in Australia, including law firms, needs to take a good look under the hood and ensure they are addressing the problem of workplace inequality by attacking the problem on three levels: culture, structure and systems (including policies and processes).
Dr Genevieve Burnett
