Discrimination and harassment in hospitality: a shift in responsibility Discrimination, harassment, and inappropriate workplace behaviour have long been risks in hospitality.
But recent legal reforms have changed how these risks must be managed.
Under Australia’s Respect@Work framework, employers are no longer expected to simply respond when issues arise. They are now required to take proactive, reasonable steps to prevent harmful behaviour before it occurs.
For hospitality businesses, this changes the role of training completely.
It’s no longer enough to raise awareness. Employers are expected to actively identify risks, equip teams to respond early, and maintain a safe, respectful workplace every day.
Why the hospitality sector is under scrutiny The Australian hospitality industry is a key focus area for regulators.
Recent high-profile cases and increased enforcement activity from bodies such as the Australian Human Rights Commission (AHRC) have made it clear that failing to act has real consequences.
Hospitality environments often include:
young and casual workforces late-night shifts and alcohol service power imbalances between roles high staff turnover These factors increase exposure to harassment, discrimination, and unsafe workplace behaviour.
A policy-led approach alone is no longer sufficient.
The shift to Positive Duty The Respect@Work reforms introduced a fundamental change in employer responsibility.
Businesses now have a positive duty to take reasonable and proportionate steps to eliminate:
sexual harassment sex-based harassment hostile work environments victimisation The AHRC also has the power to investigate and audit organisations — even where no formal complaint has been made.
For hospitality businesses, this means compliance must be visible, structured, and ongoing. Employers need to demonstrate that prevention measures are embedded into day-to-day operations, leadership behaviours, and workplace systems.
What falls under discrimination and harassment risk In hospitality environments, these risks are often interconnected.
These risks can include:
sexual harassment and inappropriate behaviour workplace bullying discrimination based on gender, race, disability, or other protected attributes hostile or unsafe workplace environments retaliation or victimisation after reporting Managing these risks requires more than policies. It requires consistent training, clear expectations, and confident leadership.
Related areas of workplace conduct training To meet Respect@Work obligations in practice, training typically spans multiple areas:
workplace bullying training in hospitality sexual harassment prevention training diversity and inclusion training bystander intervention training leadership and manager capability training Together, these areas form the foundation of effective workplace conduct training.
What this means in practice For hospitality operators, this is not just a legal update — it’s an operational shift.
This requires businesses to:
identify risks before incidents occur train staff to recognise and respond early reinforce respectful behaviour through leadership embed behavioural expectations into everyday operations maintain clear reporting and response processes This is where many businesses fall short.
Without structured training and clear processes, organisations often struggle to demonstrate consistency, accountability, and ongoing risk management.
The AHRC framework: what good looks like The AHRC provides a set of guiding principles and standards to help organisations meet their obligations.
At a high level, these standards require businesses to:
demonstrate leadership accountability build a respectful and inclusive culture provide ongoing, high-quality training identify and manage workplace risks support employees who experience or witness misconduct maintain clear reporting and response processes monitor, evaluate, and improve over time Together, these elements create a prevention-focused framework that extends beyond complaint handling alone.
Practical steps to meet your obligations For hospitality businesses, compliance requires a structured and proactive approach.
Conduct workplace risk assessments Risk assessments should identify situations where issues are most likely to occur, including:
late-night shifts isolated work environments customer-facing conflict situations power imbalances between roles informal or unsupervised working environments Review current training programs Training programs should be:
role-specific and tailored to frontline staff, supervisors, and managers scenario-based and reflective of real hospitality situations regularly updated to reflect legal changes and emerging risks accessible and easy for frontline teams to complete reinforced consistently over time Generic, one-off training is no longer sufficient.
Implement structured, scenario-based training Training should prepare staff to respond to realistic hospitality scenarios, including:
responding to inappropriate behaviour from customers reporting issues involving senior staff intervening appropriately as a bystander escalating concerns safely and confidently recognising early warning signs of unsafe behaviour Staff need practical guidance on how to respond in real situations — not just an understanding of workplace policies.
Scenario-based learning helps hospitality leaders practise appropriate reporting and escalation responses in realistic workplace situations. Strengthen leadership capability Managers should be equipped to:
model respectful behaviour lead difficult conversations confidently respond to concerns consistently and appropriately identify behavioural risks early reinforce workplace expectations through daily leadership Leadership accountability is a core part of Positive Duty compliance.
Ensure reporting systems are clear and trusted Employees should understand:
how to report concerns safely what happens after a report is made how confidentiality is managed how the business protects staff from victimisation where to access additional support if required Clear and trusted reporting pathways are essential to building workplace confidence.
Document and monitor compliance activity Hospitality businesses should maintain records of:
training completion workplace risk assessments incident handling processes policy updates and communications ongoing culture and compliance monitoring Compliance needs to be demonstrable, not assumed.
From compliance to culture While legislation drives change, the outcome goes beyond compliance.
A structured approach to discrimination and harassment training can help businesses achieve:
improved staff retention stronger workplace culture greater trust across teams reduced legal and reputational risk more confident frontline leadership greater operational consistency In a high-turnover industry like hospitality, these outcomes can become a significant competitive advantage.
A structured approach to Respect@Work training Meeting Positive Duty obligations requires more than individual courses.
An effective approach should:
cover all key workplace conduct risk areas align training to roles and responsibilities reinforce behaviours over time support managers and frontline leaders maintain consistency across multiple venues or teams provide clear visibility into compliance activity Many hospitality businesses struggle to operationalise these requirements consistently — particularly across large or high-turnover teams. Structured, role-based training is often where this gap becomes most visible.
Allara Global’s Respect@Work training pathway is designed to support this — helping hospitality businesses move beyond policy into practical, role-based learning that aligns with current legal requirements.
Are you confident your approach meets Positive Duty requirements? If not, it’s likely your current training approach needs to evolve.
Many hospitality businesses still rely on approaches that are:
inconsistent difficult to measure heavily reliant on reactive processes disconnected from operational realities hard to demonstrate during audits or investigations A stronger approach is:
structured role-based practical and scenario-driven easy to track and report on aligned to current compliance expectations