The Respect@Work Council has launched new guidelines on the use of confidentiality clauses in settling workplace sexual harassment cases.
National Sex Discrimination Commissioner Kate Jenkins said the guidelines on the use of confidentiality clauses, developed by the Attorney-General’s Department, were much needed, and called on all those involved in settlements to read and follow them.
“Confidentiality clauses can cause further harm to victims of workplace sexual harassment and should not be a standard part of settlements,” Commissioner Jenkins said.
“Instead, they should be considered on a case-by-case basis,” she said.
“These guidelines set out the considerations that need to be weighed in deciding the appropriateness of confidentiality clauses in workplace sexual harassment settlements.”
Alongside the confidentiality clause guidelines, Commissioner Jenkins said the Council had also launched a framework of good practice indicators to assist organisations prevent and respond to workplace sexual harassment.
She said the framework built on a large suite of resources on the Respect@Work website to help employers meet their obligations to prevent workplace sexual harassment.
“Many employers already provide supportive responses when harassment occurs, but that is not enough – all employers also have a responsibility to actively prevent harassment happening in the first place,” the Commissioner said.
“The good practice indicators will support employers in those actions.”
She said the good practice indicators were developed in consultation with the Respect@Work Council and the Australian Human Rights Commission.
The Council’s 25-page Guidelines on the Use of Confidentiality Clauses in the Resolution of Workplace Sexual Harassment Complaints can be accessed at this PS News link and its 10-page Good Practice Indicators Framework for Preventing and Responding to Workplace Sexual Harassment at this link.
