1. Sexual harassment and office parties Kate Jenkins Victorian Equal Opportunity and Human Rights Commissioner

2. The nights before Christmas What does the law say? What can go wrong at Christmas parties? Why does sexual harassment still happen? What does it mean for your workplace? What can you do to meet your obligations? About the Commission and how we can help

3. What does the law say?

4. Sexual harassment? A person sexually harasses another person if he or she- (a)makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or (b)engages in any other unwelcome conduct of a sexual nature in relation to the other person. In circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. A person must not sexually harass another person at a place that is a workplace of both of them.

5. Discrimination Age Breastfeeding Employment activity Gender identity Disability Industrial activity Lawful sexual activity Marital status Parental status or status as a carer Physical features Political belief or activity Pregnancy Race Religious belief or activity Sex Sexual orientation (and personal association with a person with any of the above attributes.)

6. Occupational Health and Safety An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

7. What can go wrong at Christmas parties?

8. Why does it still happen?

9. What does this mean in your workplace?

10. What are your obligations? An employer is not vicariously liable for unlawful conduct by an employee or agent if the employer proves, on the balance of probabilities, that they took reasonable precautions to prevent the conduct. Employers and managers must take reasonable and proportionate measures to eliminate discrimination, sexual harassment or victimisation as far as possible.

11. What measures can you take? Have updated policies outlining expected behaviour and standards Make sure your staff have undertaken equal opportunity and sexual harassment training Have a good complaints processes and act swiftly if you receive complaints. Managers understand their obligations and demonstrate leadership

12. Tips for your parties Choose the venue carefully Remind employees of appropriate standards of behaviour Monitor alcohol service (RSA) Provide food and non-alcoholic beverages Set rules for gifts if to be exchanged Set rules for use of personal devices Managers should model behaviour and act as responsible hosts Support bystander action Advertise the end time of the function - stick to it Make safe transport arrangements Advise people that after-parties are not approved by your organisation

13. How can the Commission help? Advice and information Free, timely and confidential dispute resolution – keep it out of court! Training Review of policies and processes

14. Our vision Equal Opportunity Act Racial and Religious Tolerance Act Vision A community where every person values, understands and respects human rights and equal opportunity. Human Rights Charter

15. Enablers The law Our resources Our expertise Our relationships Evidence Strategic Plan Targeted impact Systemic Change Community Engagement