Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators' expectations of employers are increasingly moving from reactive to proactive measures.
In a recent article, which appeared in International Employment Lawyer, members of our International Employment and Investigations teams in London unpacked the challenges employers are now facing and discussed how a coordinated global approach to these key issues can help mitigate risk across borders.
Below are some key observations from our partners across our global offices, further details of which are provided in the article:
- Peter Talibart, Partner in Seyfarth's London office, observes, "There's a trend of broadening prevention duties across sectors, from sustainability and supply chain human rights, to workplace behaviour. Challenges arise when an employer has taken steps it believes are reasonable but is nonetheless found wanting, underscoring the need for clear codes of practice to define these obligations clearly—a task easier said than done."
- Sofia Bargellini, Seyfarth Partner in Milan,says, "Employers must implement strong policies and empower employees to speak up against harassment. This is not only because they need to protect employees from WHS risks but are required to mitigate all possible consequences of harassment."
- Erin Hawthorne, Partner in Seyfarth's Melbourne office, says, "Employers are now required to do more. Companies should ensure their investment in prevention can be defended as both reasonable and proportionate to their circumstances, noting that these issues now represent very significant business and brand risks."
- Leon Mao, Counsel in Seyfarth's Shanghai office, says, "Legislative and judicial practice has gradually established employers' duties to prevent sexual harassment. Looking forward, inspired by the models globally, it is conceivable China may adopt a compensation system for damages arising from breaches of this duty and strengthen employer accountability."
- Kathryn Weaver, Partner in Seyfarth's Hong Kong office, comments in regard to India, "Sexual harassment remains a topical issue in India and, in light of recent case law and proposed legislative changes, we expect there will be greater scrutiny of employers' compliance going forward. Employers should ensure they have constituted compliant internal complaints committees and are carrying out effective training for members of the internal committee and the greater workforce."
The article is also accessible online here.
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