The anti-discrimination bill can do more to remove financial barriers and risks for those who have experienced workplace discrimination or harassment
Laws prohibiting sexual harassment have been with us for decades, but there is now broad consensus that they are not fit for purpose. Sexual harassment continues to plague our workplaces. This month, the Albanese government will seek to enact reforms that will improve the law. This includes the creation of a positive duty for employers to take steps to eliminate sexual harassment.
It is a hugely important step, with changes brought about by people bravely speaking out about their experiences of sexual harassment and discrimination and the tireless work of the sex discrimination commissioner, Kate Jenkins. The government and Jenkins are to be commended for taking concrete action to address workplace sexual harassment.
But the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) bill, while long overdue, misses a significant opportunity to increase access to justice. It proposes changes to the rules on legal costs which will not address the current problems people face in bringing claims. More consultation and refinement could ensure reform makes a positive difference.
Currently, federal anti-discrimination law operates under what is known as the adverse costs model. A person who experiences sexual harassment who successfully sues their employer will receive most of their legal costs back, paid by their...
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