Recently, the Federal Parliament passed a number of amendments to the Sex Discrimination Act 1984. The changes mean that businesses need to take even greater care when managing their staff and put policies and procedures in place to prevent discrimination, harassment and ensure legislative compliance.

Significant changes include:

· Sexual harassment: Lowering the test to prove sexual harassment. If a reasonable person should have anticipated the possibility that the person claiming sexual harassment would be offended, humiliated or intimidated, then the conduct may be sexual harassment.

This means that businesses must be very careful in managing instances of sexual conduct, such as jokes and banter, as this conduct could give rise to sexual harassment claims. Businesses should also consider implementing policies and procedures to prevent sexual harassment in the workplace and provide training and awareness building activities on sexual harassment in the workplace.

· Breastfeeding: Establishing breastfeeding as a separate ground of discrimination. An example of direct discrimination against a woman who is breastfeeding would be to refuse to hire any woman who is breastfeeding, or refuse to serve a customer who is breastfeeding. An example of indirect discrimination would be to refuse any employee to take a break during a specific period of the day as this would disadvantage women who need to breastfeed or express milk.

This means that businesses must accept employees and customers who are breastfeeding and provide employees with a reasonable opportunity to breastfeed or express milk during the day.

Family responsibilities: Extending the protection against discrimination on the grounds of family responsibilities to both women and men. An example of direct discrimination against a female or male employee with family responsibilities would be to terminate the employment of an employee on parental leave before they return to work on the basis that the employee’s family responsibilities will interfere with their job. An example of indirect discrimination, on the other hand, would be to refuse to consider requests for flexible working arrangements by either female or male employees under any circumstances.

This means that male employees have equal protection against discrimination on the basis of family responsibilities. It also means that businesses need to give due and proper consideration to requests for flexible working arrangements to enable female and male employees to balance work and family responsibilities.

In addition, there are protections in the Federal Fair Work Act 2009 against discrimination. For example, denying a suitably qualified employee a promotion because the employee is pregnant and is only able to do the job for a short period of time before going on parental leave would be a breach of the Federal Fair Work Act 2009.

To assist businesses in complying with anti-discrimination legislation and their obligations under the Federal Fair Work Act 2009, Business SA’s HR Policy Package provides anumber of pro-forma policies and procedures that can be tailored to the organisation. Business SA’s workplace relations consultants can also work with businesses in establishing appropriate policies and procedures. Further, Business SA offers training sessions on bullying, discrimination and sexual harassment.

For further information, contact the Customer Service Centre on 08 8300 0103.