Sexual Harassment: A Hidden and Costly Issue
Sexual harassment in workplaces is a serious issue that causes harm to both individuals and organisations. It can lower workplace morale, decrease trust, and affect productivity. Inspired by the global #MeToo movement, more people are demanding workplaces that are safe, inclusive, and free from harassment.
Notably, sexual harassment is not just about individual behaviour. It is often linked to organisational culture, systemic inequality, and societal norms. Consequently, regulators, employees, investors, and the community are now expecting employers to take steps to prevent and address workplace sexual harassment.
The Legal Framework: Respect at Work Act 2022
In Australia, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) strengthens protections against workplace harassment. Importantly, this legislation introduces a positive duty under the Sex Discrimination Act 1984 (Cth). This duty requires employers to take reasonable and proportionate measures to stop harassment and related discrimination wherever possible.
Employers must now go beyond reacting to complaints. Instead, they need to implement proactive measures that ensure workplaces are safe, respectful, and equitable. If they fail to meet these legal obligations, they may face penalties, damage to their reputation, or financial costs.
Understanding Sexual Harassment
What Is Sexual Harassment?
Sexual harassment includes any unwelcome behaviour of a sexual nature that a reasonable person would find offensive, humiliating, or intimidating. For example:
- Verbal Harassment: Sexual jokes, comments on someone’s appearance, or unwelcome advances.
- Physical Harassment: Unwanted touching, leering, or physical assault.
- Digital Harassment: Sending explicit images or messages, or engaging in online stalking.
- Hostile Work Environments: A workplace culture that tolerates inappropriate behaviour or comments.
Subtle Harassment and Its Impact
While overt actions like assault or stalking are widely recognised, subtle forms of harassment—such as sexist jokes, crude language, or dismissive comments—can also cause harm. These behaviours may not be as visible, but they contribute to a toxic workplace culture where more serious misconduct is likely to occur.
Sexual harassment is never about mutual attraction or consensual relationships. Instead, it is an abuse of power and a violation of human rights.
The Prevalence of Sexual Harassment in Australia
Although sexual harassment is illegal, it remains alarmingly common. The Australian Human Rights Commission (AHRC) conducted its Fifth National Survey on Sexual Harassment in Australian Workplaces (2022) and found:
- 89% of women and 64% of men experienced workplace sexual harassment during their careers.
- In the past five years, two in five women and one in four men were harassed at work.
Who Is Most Affected?
Certain groups are more vulnerable to harassment due to systemic inequality. These include:
- Women in male-dominated industries.
- Young or casual workers.
- Non-binary, transgender, or LGBTQIA+ individuals.
- People with disabilities.
- Aboriginal and Torres Strait Islander workers and those from culturally diverse backgrounds.
These vulnerabilities often intersect with workplace power imbalances, making it even harder for people to report harassment.
The Challenge of Underreporting
One major issue is that many victims do not report harassment. According to the AHRC National Survey (2022):
- Less than 20% of victims formally report incidents of harassment.
This is often because victims fear retaliation or believe nothing will change. In addition, some worry they will not be taken seriously or might be seen as oversensitive. Others hesitate due to stigma or the fear of being labelled a victim.
Unfortunately, when incidents go unreported, harmful behaviours continue unchecked, enabling perpetrators and creating an unsafe workplace culture.
What Causes Sexual Harassment?
Sexual harassment is rarely about attraction; instead, it is often rooted in:
- Power Imbalances: Those with more power, such as managers or influential clients, may exploit their position.
- Gender Inequality: Societal norms that undervalue women create environments where harassment is tolerated.
- Intersectionality: Discrimination based on gender, race, disability, or sexuality can increase vulnerability.
Addressing sexual harassment requires more than punishing offenders. It involves creating systemic and cultural change that prevents harmful behaviour.
The Impact of Sexual Harassment
Sexual harassment has widespread consequences for individuals, organisations, and society.
For Individuals:
- Emotional harm, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Career setbacks, including missed opportunities or job loss.
- Physical health problems caused by stress or related conditions.
For Organisations:
- Poor morale, lower productivity, and higher employee turnover.
- Reputational damage that affects hiring and stakeholder trust.
- Financial losses, with the 2019 Deloitte Access Economics Report estimating workplace sexual harassment costs Australia $3.8 billion annually.
Proactive Strategies to Prevent Sexual Harassment
To prevent harassment, employers should focus on building a respectful and inclusive workplace. Key strategies include:
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Strong Leadership and Accountability:
- Introduce clear policies and procedures to prevent harassment.
- Ensure senior leaders act as role models for respectful behaviour.
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Education and Training:
- Provide accessible training to all employees on recognising harassment.
- Train managers to handle complaints effectively and sensitively.
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Confidential Reporting Mechanisms:
- Create safe, anonymous systems for reporting harassment.
- Regularly review these systems to ensure they work well.
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Cultural Change:
- Promote diversity, equity, and inclusion initiatives.
- Actively challenge harmful behaviours, such as casual sexism, through education.
Legal Obligations Under the Respect at Work Act 2022
The Respect at Work Act 2022 requires employers to:
- Take active steps to prevent harassment.
- Address systemic issues that enable harmful behaviour.
- Comply with enforcement powers granted to the AHRC from December 2023.
Failure to meet these obligations can lead to penalties, legal consequences, and reputational harm.
Conclusion: Building Safer Workplaces
Preventing sexual harassment is essential for creating safe and inclusive workplaces. By prioritising respect, equality, and accountability, organisations can protect their employees, improve productivity, and enhance their reputation. Employers must take proactive steps to eliminate harassment, fostering an environment where everyone can thrive.
References:
- Time for Respect: Fifth National Survey on Sexual Harassment in Australian Workplaces (2022)
- Economic Costs of Sexual Harassment in the Workplace (Deloitte Access Economics, 2019)
- Respect@Work: Sexual Harassment National Inquiry Report (AHRC, 2020)
Disclaimer: This article provides general information only and should not be considered legal advice. For specific concerns, consult a qualified professional.
Originally posted on LinkedIn
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