Recent high-profile scandals have highlighted a critical reality. Standard interview questions and resume screening are no longer enough to protect your company.
The risks of hiring the wrong person are simply too high. You face legal trouble, financial loss, and damage to your reputation.
Jolasers is always ready to step in for a reactive Melbourne sexual harassment investigation. However, we believe prevention is better than cure. Whether you need a Melbourne workplace investigation in the city, or workplace investigations in Bendigo, your defence against toxic behaviour starts with smarter hiring.
Many businesses are now updating their hiring policies. They are adding better vetting procedures to stop problems before they start.
Here are the best practices you can use today to reduce the risk of sexual harassment.
1. Know What You Are Looking For
You cannot spot red flags if you don’t know the definitions. Under Section 28A of the Sex Discrimination Act 1984 (Cth), sexual harassment is specific. It is any unwanted sexual conduct that makes a person feel offended, humiliated, or intimidated.
It is not just about overt advances. It includes:
- A culture of inappropriate “banter.”
- Suggestive comments.
- Intrusive questions about private lives.
Interviewers must understand these definitions to spot warning signs early.
Resource: AHRC Definition of Sexual Harassment
2. Create a Written Interview Protocol
Ad-hoc interviews often miss critical character flaws. A structured, written protocol ensures you cover all bases.
Use Behavioural Questions
Don’t just ask about skills. Ask questions that reveal how a candidate handles power and respect. For example:
- “Tell me about a time you had a conflict with a junior colleague. How did you handle it?”
- “What does a respectful workplace look like to you?”
Listen to their language. Do they take ownership? Do they speak respectfully of past teams?
3. Implement Robust Background Checks
If a candidate is currently employed, a standard reference check is often useless. Managers may fear defamation laws and provide only basic dates.
You need to dig deeper:
- Get Multiple References: Talk to former peers and subordinates, not just bosses.
- Verify Claims: Use formal checks to confirm qualifications.
- Check Social Media: Review public profiles. Look for public examples of discriminatory or aggressive behaviour. (Always ensure you comply with privacy laws).
4. Train Employees on Day One
You must build a culture where reporting is safe. This starts at induction.
New hires should receive mandatory training immediately. Teach them how to recognize harassment. Make it clear that you do not tolerate aggressive comments or unwanted advances. Tell them exactly who to speak to if they see it.
5. The “Positive Duty” Code of Conduct
A generic Code of Conduct is not enough. New laws mean Australian employers have a positive duty to prevent sexual harassment.
Your Code must clearly ban sexual harassment. Crucially, you must communicate this to everyone, including executives. If the policy just sits on a shelf, it will not protect you.
Conclusion
Updating your hiring policy is a smart investment. It protects your culture and your bottom line.
By using behavioural interviews and thorough vetting, you reduce the risk of hiring toxic individuals. Keep your team safe by stopping the problem at the door.
Need Vetting or Investigation Support?
Jolasers provides expert support for sensitive workplace matters across Victoria.
Telephone: 0418 101 164 (Stephen Oliver)
Learn More:
Sexual Harassment Investigations
Common Questions
Can I ask candidates about harassment?
Asking directly about past accusations is risky. It is safer to use behavioural questions. These assess their attitude towards respect, boundaries, and conflict resolution.
What is the ‘Positive Duty’?
This is a recent legal shift. Employers must now take reasonable steps to eliminate sexual harassment proactively, rather than just reacting to complaints.
Are background checks legal?
Yes, if you have the candidate’s consent. The checks must be relevant to the role and comply with privacy laws.