Taking reasonable steps to prevent sexual harassment in your workplace

Under the federal Sex Discrimination Act, an employer is "vicariously" liable for the acts of sexual harassment done by an employee in connection with their employment unless the employer took all reasonable steps to prevent that conduct.

In Richardson v Oracle Corporation Australia Pty Limited ([2013] FCA 102 (20 February 2013)) the Federal Court had to determine whether a global technology consulting practice was vicariously liable for sexual harassment committed by one of its employees.

The Court ruled that the following matters were in favour of the employer's argument that they had taken all reasonable steps:

• New starters received a copy of a document entitled "Code of Ethics and Business Conduct" (Code). Their employment contracts imposed the requirement that they adhere to the Code in contracts of employment.