Addressing sexual harassment in a WHS framework: Charting a course

Опубликовано: 06 Декабрь 2023
на канале: Melbourne Law School

On Wednesday 11 October 2023 the Centre for Employment and Labour Relations Law (CELRL) held a seminar on 'Addressing sexual harassment in a WHS framework: Charting a course' presented by Professor Rachel Cox (University of Quebec, Montréal), with commentary provided by Jodi Peskett (Fair Foundations).

In this seminar, Rachel discussed issues that arise when we integrate prevention of sexual harassment into a work health and safety (WHS) framework. Should prevention of sexual harassment be integrated into psychosocial risk management? In Québec, this has led to sexual harassment being neglected as a prevention priority.

Should it be covered by prevention measures for violence and harassment in general? In Canada, this has led to a gender-neutral approach where risks for women and risks associated with women’s work have been sidelined.

Should prevention of sexual harassment be found in a stand-alone policy? This could facilitate adoption of specific risk identification processes (for example, anonymous surveys), tailored training (bystander interventions, etc.) and appropriate support for targets. Yet a stand-alone policy for sexual harassment risks artificially detaching sexual harassment prevention from prevention of other work-related risks, cutting it off from the continuous improvement and participatory mechanisms of the general WHS framework.

These dilemmas play out differently in different national legal frameworks. Starting from the legal landscape of Québec, I look for principles that help balance out the various considerations at play in the design of WHS measures to prevent sexual harassment.

Concluding the presentation, Jodi Peskett, provided comments on these proposals from an Australian perspective.