Section 28M of the new legislation makes it unlawful for a person to subject another person to a workplace environment of any nature that is hostile on the ground of sex.

In what seems rather practical measures, the legislation considers the seriousness of the conduct, whether the conduct was continuous or repetitive, as well as the role influence or authority of the person engaging in the conduct. In other words, it’s not a silver bullet that if some forms of sexual harassment occurring in the workplace that the employer is automatically responsible or liable. However, it is now legislated that the employer must take all reasonable steps to prevent this type of conduct from happening in the first place, as well as from continuing to happen.

We are reminded that in order to qualify under this legislation, the conduct does not necessarily need to be directed to one person or a group of people. An example of this is one sex feeling unwelcome in the work environment because offensive pornographic materials are displayed or there is excessive sexual innuendo or banter.

Again, like other sections of this legislation, there is nothing new here from our perspective. We feel that this is formalising obligations that were already in place for businesses. Therefore, we are not recommending any changes for our clients in this area.