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The season to be jolly… but not libidinous

Christmas warning No 1: Law firms are warning bosses to watch their actions at upcoming Christmas parties, because a growing number of employers are being hit with sexual discrimination lawsuits and fines each year. Amorous advances can be expensive.

Dibbs Barker Gosling lawyer Kellie Edwards says each year a substantial number of employers run the risk of legal action and hefty fines for indulging in inappropriate behaviour at office Christmas parties. In NSW alone, employers face fines of $40,000 for each breach of the Anti-Discrimination Act.

“Harassment is behaviour that is not wanted, not asked for and not returned, that a reasonable person would see as potentially humiliating, offending or intimidating,” she said. “It may be verbal, visual or physical. And it is unacceptable at all times, including at company functions.”

Ms Edwards says all employers should be aware of the issues, and “failing to take action where the employer is aware of the behaviour, or is indifferent to the issue, may be taken to infer permission and leave the company wide open to prosecution”.

You have been warned…