Workplace harassment is a serious problem that disproportionately affects women. It is more than just a personality clash; it is a health and safety risk that can derail careers and destroy mental well-being.
Recent data confirms the severity of the issue. According to the Australian Human Rights Commission’s Time for Respect report (2022), 41% of women reported experiencing sexual harassment in the workplace in the previous five years, compared to 26% of men.
These numbers highlight an urgent need for change. In this article, we explore what harassment looks like under Australian law, its impact on women, and the steps employers must take to stop it.
What is workplace harassment?
Under Australian law, workplace harassment covers a broad range of unwelcome conduct. It is generally defined as behaviour that offends, humiliates, or intimidates a person.
It is important to distinguish between the different categories, as they fall under different laws:
- Sexual Harassment: Unwelcome sexual conduct (Sex Discrimination Act 1984).
- Bullying: Repeated unreasonable behaviour that creates a risk to health and safety (Fair Work Act 2009).
- Discrimination: Adverse action taken because of a person’s race, sex, disability, or other protected attribute.
Who is most at risk?
While harassment can happen to anyone, statistics show that it does not affect all groups equally. Intersectionality plays a major role in risk levels:
- Women: 41% experienced sexual harassment in the last 5 years.
- First Nations People: 56% experienced sexual harassment.
- People with Disability: 48% experienced sexual harassment.
The Impact on Women
The consequences of harassment extend far beyond the office walls. Victims frequently report severe physical and psychological symptoms, including:
- Mental Health: Anxiety, depression, and Post-Traumatic Stress Disorder (PTSD).
- Physical Health: Chronic headaches, insomnia, and fatigue caused by hyper-vigilance.
- Career Damage: Many women feel forced to leave their jobs to escape the abuse, leading to financial loss and stalled career progression.
Employer Responsibilities: Prevention
Employers have a positive duty to prevent workplace harassment. It is not enough to simply react to complaints; they must proactively manage the risk.
Effective prevention strategies include:
- Clear Policies: Implement zero-tolerance policies that clearly define unacceptable behaviour.
- Regular Training: Educate employees on what constitutes harassment and how to be an active bystander.
- Culture of Respect: Leaders must model inclusive behaviour. If management dismisses harassment as “banter,” the culture will become toxic.
What to do if you are being harassed
If you are unsafe, remove yourself from the situation immediately. When you are ready, consider these steps:
- Document Everything: Keep a diary of incidents. Note the date, time, location, what was said/done, and any witnesses.
- Report It: Follow your company’s internal grievance procedure. Report it to HR or a trusted supervisor.
- Seek Support: You do not have to do this alone. Seek advice from a union representative, legal counsel, or a support service.
- External Action: If your employer fails to act, you can escalate the matter to the Australian Human Rights Commission or the Fair Work Commission.
Need an Independent Investigation?
Jolasers conducts sensitive, impartial investigations into harassment and discrimination claims.
Telephone: 0418 101 164 (Stephen Oliver)
See how we can help:
Geelong Investigations | Sexual Harassment Investigations
Common Questions
How do I prove harassment?
Evidence is key. Save emails, text messages, and screenshots. Keep a detailed diary of verbal interactions. Witness statements are also valuable evidence during an investigation.
Can I be fired for reporting it?
No. It is illegal for an employer to take adverse action (such as firing or demoting you) because you exercised your workplace right to make a complaint.
What if HR ignores me?
If your internal report is ignored, you have the right to escalate the issue externally to bodies like WorkSafe, the Fair Work Commission, or the Australian Human Rights Commission.