What is it?
Positive duty refers to the proactive legal obligation imposed on employers and organisations to take reasonable steps to prevent discrimination, harassment, and victimisation in the workplace. Unlike traditional legal obligations, which often involve responding to complaints after the fact, positive duty requires organisations to actively implement measures that foster safe, inclusive, and equitable work environments. In Australia, positive duty is mandated under laws such as the Sex Discrimination Act 1984, Fair Work Act 2009, and respective state and territory anti-discrimination laws, and has recently been reinforced by the Respect@Work recommendations. Employers must take proactive actions, such as training, policy development, risk assessment, and continuous improvement in workplace culture, to comply with positive duty requirements.
Why is it important?
- Prevents Workplace Discrimination and Harassment: Positive duty requires employers to address risks of discrimination and harassment proactively, which helps create a safer, more inclusive work environment and reduces the likelihood of incidents occurring.
- Encourages a Proactive Culture of Respect and Safety: Positive duty shifts focus from reactive responses to proactive prevention, encouraging organisations to promote respect, safety, and equality as core cultural values.
- Mitigates Legal Risks: By meeting positive duty obligations, employers reduce the risk of legal claims, fines, and reputational damage associated with workplace discrimination and harassment. Compliance with positive duty helps organisations align with legal requirements and societal expectations.
- Supports Employee Well-Being: When employers actively take steps to prevent harmful behaviours, employees feel more valued, safe, and supported, which can boost morale, productivity, and job satisfaction.
- Enhances Employer Reputation: Organisations that demonstrate commitment to positive duty can strengthen their reputation as responsible employers, making them more attractive to prospective employees and customers.
Actions to Fulfil Positive Duty:
- Implement Policies and Training: Develop clear policies on workplace behaviour, discrimination, and harassment, and provide regular training to all staff to build awareness and understanding.
- Assess and Mitigate Risks: Conduct regular risk assessments to identify potential areas where discrimination or harassment could occur, and establish preventive measures.
- Promote Reporting and Support Mechanisms: Establish clear channels for reporting concerns and ensure that employees feel safe and supported in raising issues without fear of retaliation.
- Monitor and Review Practices: Continuously monitor workplace practices, seek employee feedback, and adapt policies as needed to improve inclusivity and safety.
