Australians, across the country, are suffering the financial, social, emotional, physical, and psychological harm associated with workplace sexual harassment. This type of behaviour also represents a very real financial burden on businesses through lost productivity, employee turnover, and other associated impacts.
Although sexual harassment has been unlawful at a Federal level since 1984, it continues to be largely misunderstood, underreported, and badly handled; including in the workplace. Work health and safety laws mean employers have a legal responsibility to identify and manage this risk, through implementing control measures and regularly reviewing their risk and mitigation measures.
Additionally, employers now have a positive duty to take reasonable and proportionate measures to eliminate discrimination, sexual harassment, and victimisation in the workplace as far as possible, so it has never been more important to ensure managers and supervisors are adequately trained to prevent and respond to workplace sexual harassment.
Preventing workplace sexual harassment
Strong leadership – Businesses can ensure that managers and supervisors are proactive in the development and display of strong leadership, that contributes to creating a culture that prevents workplace sexual harassment.
Risk assessment and transparency – Employers can seek to improve its understanding of workplace sexual harassment in order to mitigate the risk it can pose to the business. Shifting focus to identifying and assessing risk, rather than dealing with incidents after they occur, can be achieved by learning from past experiences and being transparent about sexual harassment both within and outside of the workplace. Employers should always encourage and foster continuous improvement in this space.
Positive culture – The role of effective policies and practices in setting organisation culture cannot be overstated. A workplace culture of trust and respect helps to minimise the risk of sexual harassment, and ensures it is dealt with in a way that reduces harm to employees if it does occur.
Knowledge – Businesses that adopt new and better approaches to preventing workplace sexual harassment benefit twofold. Not only does it demonstrate the employer’s commitment to addressing sexual harassment and protecting employees from harm, but it contributes to developing a collective understanding of expected workplace behaviours and processes.
Responding to workplace sexual harassment
Support – Employers must prioritise support for employees, especially in instances of workplace sexual harassment. This includes prior to a report being made, after it is reported and throughout any formal processes that may take place as a result. Employee wellbeing should always be front of mind.
Reporting – Businesses should adopt a victim-centred approach when investigating and reporting on sexual harassment in the workplace. Addressing barriers to reporting is key, and employers can look at increasing the options available to employees to make a report. Just as important is creating new ways for business owners and employers to intervene to address workplace sexual harassment, other than launching a formal investigation, with the aim of minimising unnecessary harm to employees.
Measuring – Businesses can seek to better understand the scope and nature of sexual harassment in the workplace by collecting important data at both the workplace and industry level. This can help to make clear the prevalence, nature, and impacts of sexual harassment as well as the effectiveness of workplace initiatives aimed at addressing it.
Workplace sexual harassment occurs in every industry, in every location, and at every level, and business owners have a legal and ethical responsibility to better prevent and respond to it in order to protect both employees and the business. We can assist in developing and implementing victim-centred, practical and adaptable policies, processes, and training to support this. Get in touch with our team for an obligation free chat now, we can help.
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