The shadows of sexual harassment

Australia presents a paradox: it is globally recognised as one of the safest and best places to work, yet it continues to face substantial challenges in ensuring the well-being of its workforce.

With robust labour laws and stringent workplace safety regulations, the country mandates minimum standards for safety and health in all workplaces, obliging employers to provide safe and healthy working environments for their employees.

Legal frameworks on workplace safety

Regulatory bodies such as Safe Work Australia and state and territory occupational safety and health commissions oversee adherence to labour laws and regulations. These bodies perform regular inspections to ensure workplaces meet established safety and health standards.

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While this legal framework positively influences working conditions, statistics from these agencies, particularly Safe Work Australia, highlight ongoing issues, especially regarding sexual harassment and bullying in offices. 

According to a report by Safe Work Australia in January 2023:

- One in three individuals (33%) reported experiencing sexual harassment at work in the past five years.

- One in two people have witnessed sexual harassment, either directly or as a bystander.

- Two in five people (41%) were aware of others in their workplace who had experienced the same type of harassment.

- For over half of the individuals (56%) who had repeated experiences, the harassment persisted for more than six months.

Notably, women are more frequently the victims of this behaviour:

- Almost two in five women (39%) and one in four men (26%) have experienced sexual harassment at work in the last five years.

Data published by Safe Work Australia, drawn from the Australian Human Rights Commission's 2018 National Survey, also details the sectors where this inappropriate behaviour is most prevalent.

Workplace sexual harassment rates exceeded the national average (33%) in the following industries:

81% – Information, media and telecommunications

49% – Arts and recreation services

47% – Electricity, gas, water, and waste services

42% – Retail trade

40% – Mining

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The Australian paradox

In response to the continued prevalence of these issues, the Australian government has updated and strengthened legislation to prevent and punish sexual harassment in the workplace. The Fair Work Act has been amended to prohibit sexual harassment in connection with work, effective from 6 March 2023. These changes extend the previous protections against workplace sexual harassment. Protections now apply to:

- Workers including employees, contractors, work experience students, and volunteers

- Future workers

- Persons conducting business or undertaking

Under this new legal framework, a person or company can be held liable for sexual harassment conducted by an employee or agent in connection with work unless they can demonstrate that all reasonable steps were taken to prevent the harassment.

The debate for many lies in whether Australia reports more cases because of its stringent regulations and better detection or if the problem is indeed more severe.

This aspect of the "Australian paradox" was highlighted in a 2019 article by Mercado Legal. The argument suggests that higher implementation of policies against labour and sexual harassment results in more complaints.

This might seem positive, but as the International Bar Association (IBA) report notes, while 66% of respondents in the Australian legal industry say policies are in place, compared to 53% globally, this is where most incidents are reported, highlighting a concerning irony.

Ongoing legislative measures and office strategies aim to reduce harassment levels. Potential measures include:

• Implementing clear policies and procedures defining sexual harassment and outlining reporting and addressing steps.

• Providing training on the definition, prevention, and response to sexual harassment for employees and managers.

• Creating a culture of respect and accountability where employees feel empowered to speak out and support victims.

• Promptly and adequately investigating and addressing complaints of sexual harassment, supporting victims, and holding perpetrators accountable.

READ MORE | Australia moves to protect workers from harassment

Creating a toxic work environment

Sexual harassment in the workplace should never be trivialised. It perpetuates gender inequality, creates a hostile work environment, and poses serious consequences for victims and organisations alike.

Physical and emotional impacts are significant; victims of sexual harassment may suffer from anxiety, depression, fear, and a sense of powerlessness, alongside possible physical ailments.

The negative impacts extend to the work environment. Sexual harassment can create a toxic atmosphere where employees feel unsafe, uncomfortable, and demoralised, leading to decreased productivity, increased absenteeism, and high turnover rates. Individuals often feel compelled to leave their positions to escape the harassment.

Further, failure to address sexual harassment effectively can damage an organisation's reputation both internally and externally. Employees might lose trust and confidence in the leadership, perceiving it as unsafe or hostile. Externally, clients, customers, investors, and the public could lose confidence in the organisation, resulting in financial and reputational losses.

From a legal perspective, employers who neglect to take appropriate preventive or corrective measures may face significant legal consequences. Many jurisdictions hold employers liable for their employees' actions under anti-discrimination and workplace safety laws, potentially leading to costly litigation, fines, and settlements.

The cost of ignoring issues of harassment

The turnover of talent and skills is another critical concern. High-performing employees, often victims of harassment, may decide to leave, causing a loss of talent and skills critical for the organisation's success and competitiveness.

Moreover, sexual harassment damages team dynamics and morale, eroding trust among coworkers and undermining collaboration and teamwork, which are crucial for achieving organisational goals.

Financially, the costs of sexual harassment are substantial, encompassing legal fees, settlements, increased insurance premiums, and lost productivity. Studies indicate that workplace harassment can cost organisations billions annually in lost productivity and turnover costs.

In sum, the broader effects of sexual harassment in the workplace are profound, impacting individuals deeply and permeating the fabric of the organisation. It disrupts productivity and innovation and hinders employee morale. For these reasons, addressing this issue is not just a legal requirement but a critical component of organisational integrity and success.