Traditionally, HR has lent expertise and leadership in relation to the prevention of, and response to, sexual harassment. Not surprisingly, HR is drawing on their health and safety specialists in adopting a safety-driven approach – a systems and risk management-based approach.
At Seyfarth, we are adopting the same: bringing together our safety and employment law expertise on this important issue for the benefit of our clients.
In doing so, the following questions are typically being asked:
- What should a hazard and risk assessment entail?
- When is sexual harassment (or an allegation of sexual harassment) reportable to a safety regulator?
- How should a sexual harassment investigation be handled?
- What steps need to be considered to support the wellbeing of all parties during an investigation?
- What changes does a trauma-informed approach require when compared to a standard investigation?
- What about the right against self-incrimination?
- What are our control measures for addressing this risk?
- How do we respond to an incident:
- Being the incident itself;
- The impacts of the investigation;
- The interaction with any police procedure or regulatory investigations; and
- More broadly?
- To this end, how and when do we monitor control measures?
- What audits/surveys, if any, should be undertaken, and to what end?
- What should be reported to management about unproven allegations and how should this factor into workplace decisions?
For HR, there is the realisation that traditional HR measures alone (training, a policy and a complaints process) won’t be sufficient to satisfy the positive duty.
Subscribe to receive the next Workplace Law & Strategy blog direct to your inbox.