Sexual Harassment in Australian Workplaces
Sexual Harassment in Australian Workplaces: A case for why businesses need to take action to meet their positive duty obligations
As of 12 December, the positive duty is enforceable in workplaces across Australia. Why has Australia imposed mandatory obligations to ensure workplaces are taking a proactive approach to eliminating sexual harassment and sex discrimination in the workplace? And why do businesses need to make changes?
The Australian Human Rights Commission does a national survey every 5 years. The 2022 National Survey reveals ongoing challenges of workplace sexual harassment. Understanding these findings is crucial for developing effective prevention strategies.
Key Findings:
Prevalence: 1 in 3 workers in Australia has experienced workplace sexual harassment in the past five years.
Perpetrators: The majority of harassers in these cases are men.
Nature of Harassment: 1/2 of these incidents are repeated, with many continuing for over a year.
Reporting Rate: Only 18% of those who experienced harassment reported it, and of these reports, a quarter saw no consequences for the harasser.
Higher Risk Groups: Certain demographics experience higher rates of workplace sexual harassment:
People identifying as LGBTQ+ (46%)
Individuals with an intersex variation (70%)
Aboriginal and Torres Strait Islander people (56%)
People with disabilities (48%)
Misconceptions and Key Drivers:
A common misconception is that sexual harassment stems from romantic interest, but it is often about power and control.
Gender inequality and power imbalances, including a lack of accountability, are key drivers.
Risk Factors: Factors increasing the risk of workplace sexual harassment include:
Male-dominated workplaces.
Low diversity in aspects like age, race, or culture.
Power imbalances, especially where one gender dominates management.
Hierarchical structures, particularly in sectors like law enforcement or medical and legal professions.
Workplace cultures that tolerate sexual harassment.
Remote working environments, facilitating covert harassment through online and phone communication.
Interactions with clients, customers, or the public.
Lack of awareness about what constitutes sexual harassment.
Entitlement and lack of accountability in powerful positions.
Alcohol use in work settings.
Conclusion: These findings underscore the need for comprehensive strategies to combat workplace sexual harassment. Addressing gender inequality, power imbalances, and fostering a culture of accountability and respect are key to making Australian workplaces safer for everyone.
Find out more about the positive duty here or reach out to the team for a discussion on what you can do to both ensure you comply and you’re facilitating a positive workplace culture in which all your employees can thrive.
