Australia: Discrimination, Disability & Sexual Harassment

Recent developments in workplace safety and discrimination laws have fundamentally transformed sexual harassment investigations beyond simple fact-finding exercises. Investigators must now navigate complex requirements spanning procedural fairness, psychosocial safety obligations, and trauma-informed practices while managing competing pressures and legal risks that can arise from poorly conducted investigations.

Victorian laws now restrict how Non-Disclosure Agreements can be used in workplace sexual harassment cases, introducing six mandatory preconditions that employers must meet before an NDA can be validly entered into. These new protections aim to address power imbalances and prevent employees from being coerced into silence, while giving workers the right to terminate NDAs after 12 months and speak to police, medical professionals, and lawyers without breaching confidentiality.

The Federal Court's decision in Gillham v Melbourne Symphony Orchestra examines whether state anti-discrimination laws constitute 'workplace laws' under the Fair Work Act, and whether expressing political opinions during a performance can trigger general protections. This case explores the boundaries of contractor protections and the interplay between federal workplace legislation and state-based discrimination laws.

Recent sexual harassment decisions show that aggressive defence strategies can lead to victimisation and aggravated damages.

On 16 June 2026, the Victorian government introduced the Equal Opportunity Amendment (Work from Home) Bill 2026 (Vic) (the WFH Bill).

A recent Fair Work Commission decision provides important guidance about when individuals can pursue multiple legal claims arising from alleged workplace sexual harassment and discrimination.

This decision is a timely reminder for employers to properly manage workplace complaints, particularly around bullying and harassment.

Businesses need clear policies and proactive steps to protect staff and the organisation during workplace Christmas parties.

Employers are having to navigate the legal minefield that has been caused by their employees' conduct during work-related social functions, particularly sexual harassment.