Addressing discrimination and harassment

Everyone has the right to work in an environment free from harassment and discrimination.

As an employer, you can manage discrimination and harassment as you would any other risks to workplace health and safety. In other words, take reasonable steps to eliminate or minimise the risks of discrimination and harassment by:

• identifying how, where and when discrimination and harassment might happen
• assessing the risk (see Managing psychosocial hazards – identify and assess)
• controlling the risk by implementing the most effective and reliable measures to prevent discrimination and harassment and responding quickly to any instances of discrimination and harassment
• completing these steps in consultation with workers and health and safety representatives (if relevant). 

Identify and assess hazards and risks

Similar to how you may identify other workplace hazards or risk, ways to identify potential discrimination or harassment include:

• consulting your workers – you must consult with your workers or their representatives under work health and safety laws
• walking through and assess the physical work environment
• assessing the online working environment if relevant
• considering your work systems and practices
• observing your workplace culture and how people interact
• reviewing grievance data, hazard reports and any workers compensation claims
• running anonymous surveys
• conducting exit interviews
• examining your workplace for power disparities and other inequalities
• reviewing your recruitment process. 

Ask yourself some key questions: Does our workplace allow or enable discrimination? How inclusive is our workplace for diverse groups?

Control the risk

Prevent discrimination and harassment

The best way to manage discrimination and harassment is to prevent it from happening. Here are some ways your organisation can prevent discrimination and harassment:

• Create a safe physical and online work environment. For example, make sure work areas are physically secure and well lit, introduce policies to manage online interactions.
• Implement safe work systems and procedures. For example, check in regularly with workers about their working conditions and tasks, address a lack of worker diversity if you can, train workers how to deal with challenging customers. 
• Create a positive and respectful workplace culture. For example, have leaders set clear expectations about behaviour and model respectful behaviour.
• Implement workplace discrimination and harassment policies and procedures. 
• Provide information and training. For example, train workers and supervisors about discrimination and harassment, provide information via notice boards and posters, encourage discussions about discrimination and harassment in meetings. 
• Address unwanted or offensive behaviour early. For example, show that even small examples of discrimination or harassment are considered unacceptable and will not be tolerated.  
• Encourage workers to report discrimination and harassment. For example, provide a range of accessible and user-friendly ways to report discrimination and harassment, ensure workers know how to get the support, protection and advice they need. 

Respond to reports of discrimination and harassment 

Reports of discrimination and harassment in the workplace are best managed by responding as soon as possible. In addition to creating an internal complaint process, employers should:

• Act promptly and ensure the safety of the workers involved. 
• Consult with the person being harassed or discriminated against to see if they want to pursue their complaint formally, informally or in some other way, and what support they need.
• Clearly communicate the process to everyone involved (including both sides of the complaint).
• Protect all people involved from victimisation (e.g. from being bullied or intimidated).
• Inform all people involved of the support and representation available to them.
• Maintain confidentiality.
• Treat everyone involved fairly.
• Document all actions and decisions and store information securely.
• Consider whether there are ways to prevent similar instances occurring again. 

Take all complaints about harassment and discrimination seriously. And act quickly to address any harassment or discrimination that occurs in your workplace. 

This content has been adapted from content created by the Australian Human Rights Commission with permission.