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Sexual Harassment Policy
I need a comprehensive sexual harassment policy that clearly defines unacceptable behaviors, outlines reporting procedures, and ensures compliance with New Zealand employment laws. The policy should include support resources for victims, a commitment to confidentiality, and a clear process for investigation and resolution of complaints.
What is a Sexual Harassment Policy?
A Sexual Harassment Policy sets clear rules and procedures to prevent and address unwanted sexual behavior in New Zealand workplaces. It outlines what counts as harassment under the Human Rights Act 1993 and Employment Relations Act 2000, from unwelcome physical contact to offensive comments and digital communications.
This policy protects both employees and employers by spelling out reporting steps, investigation processes, and consequences for violations. It also details support services for affected staff and training requirements to create a respectful work environment. Having this policy helps organizations meet their legal duties while building a safer workplace culture.
When should you use a Sexual Harassment Policy?
Every New Zealand workplace needs a Sexual Harassment Policy from day one of operations. It's essential when hiring your first employee, opening new locations, or updating workplace procedures to meet current employment laws. Use it during staff onboarding, workplace training sessions, and immediately when complaints arise.
The policy becomes particularly vital during workplace investigations, helping managers follow proper procedures and protect all parties involved. It guides decision-making during sensitive situations, supports fair disciplinary actions, and demonstrates your organization's commitment to meeting obligations under the Human Rights Act and Employment Relations Act.
What are the different types of Sexual Harassment Policy?
- Basic Single-Page Policy: A concise Sexual Harassment Policy focusing on essential definitions, reporting procedures, and consequences - ideal for small businesses and startups.
- Comprehensive Workplace Policy: Detailed version with extensive examples, investigation protocols, and support mechanisms - suited for larger organizations.
- Industry-Specific Policy: Customized versions addressing unique risks in sectors like hospitality, education, or healthcare, with relevant scenarios and preventive measures.
- Digital Workplace Policy: Expanded coverage including online harassment, remote work situations, and digital communication channels.
- Multi-Site Policy: Adapted for organizations with multiple locations, incorporating location-specific reporting channels and contact information.
Who should typically use a Sexual Harassment Policy?
- Employers: Responsible for creating, implementing, and updating the Sexual Harassment Policy to meet legal obligations under NZ employment law.
- HR Managers: Handle policy administration, conduct training sessions, and manage complaint investigations.
- Supervisors: Enforce policy guidelines, report violations, and maintain appropriate workplace conduct.
- Employees: Must understand and follow policy requirements, report incidents, and participate in training programs.
- Legal Advisors: Review and update policies to ensure compliance with current legislation and best practices.
- WorkSafe NZ: Provides guidance on policy standards and investigates serious workplace harassment cases.
How do you write a Sexual Harassment Policy?
- Current Law Review: Check latest NZ Human Rights Act and Employment Relations Act requirements for harassment policies.
- Workplace Assessment: Document your organization's size, structure, and specific risk areas needing coverage.
- Reporting Chain: Map out clear reporting procedures and identify designated contact persons for complaints.
- Support Resources: List available counseling services, employee assistance programs, and external support channels.
- Investigation Process: Outline step-by-step procedures for handling complaints confidentially and fairly.
- Communication Plan: Prepare training materials and methods to effectively share the policy with all staff.
What should be included in a Sexual Harassment Policy?
- Clear Definition: Specific examples of prohibited conduct under the Human Rights Act 1993, including physical, verbal, and digital harassment.
- Complaint Procedures: Detailed steps for reporting incidents, including multiple reporting channels and timeframes.
- Confidentiality Statement: Guidelines protecting privacy of all parties during investigations and afterward.
- Investigation Process: Fair and thorough procedures for handling complaints, including timelines and documentation requirements.
- Disciplinary Actions: Range of possible consequences for policy violations, aligned with employment agreements.
- Protection Measures: Anti-retaliation provisions and support services for affected employees.
- Training Requirements: Mandatory staff education schedules and awareness program details.
What's the difference between a Sexual Harassment Policy and a Bullying and Harassment Policy?
A Sexual Harassment Policy often gets confused with a Bullying and Harassment Policy, but they serve distinct purposes in New Zealand workplaces. While both address workplace misconduct, their scope and legal foundations differ significantly.
- Legal Framework: Sexual Harassment Policies specifically address conduct prohibited under the Human Rights Act 1993, focusing on unwanted sexual behavior. Bullying policies cover a broader range of threatening or intimidating behaviors.
- Investigation Procedures: Sexual harassment complaints require specific confidentiality protocols and specialized investigation processes, while bullying investigations follow different procedural guidelines.
- Support Mechanisms: Sexual harassment policies must include specialized support services and counseling options, whereas bullying policies typically focus on mediation and behavioral modification.
- Training Requirements: Sexual harassment prevention training has distinct legal requirements and content focus, compared to general anti-bullying education.
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