Sexual harassment in the workplace is a serious issue that impacts countless individuals. Yet, despite the #MeToo movement, it often goes unacknowledged and unpunished.
Every employee has the right to work in an environment free from harassment. But for employers, knowing how to manage a complaint is difficult. Often, a complex sexual harassment investigation is required to uncover the truth.
In this article, we discuss the prevalence of harassment in Australia, the consequences of such behaviour, and the steps you must take to create a safe environment.
What is Workplace Sexual Harassment?
Sexual harassment involves any unwanted sexual advances, requests for sexual favours, or other conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated.
It can range from inappropriate jokes or “banter” to severe forms of assault. It is important to note:
- It can occur between employees of any gender.
- It often involves a power imbalance (e.g., a manager targeting a junior staff member).
- The intent of the harasser does not matter; only the impact on the victim matters.
The Australian Statistics
This is a pervasive problem. According to the Australian Human Rights Commission’s Time for Respect report (2022), 33% of workers (41% of women and 26% of men) experienced sexual harassment in the previous five years.
These numbers highlight why every employer needs a robust Melbourne workplace investigation strategy ready to go.
How to Spot the Signs
Harassment is not always physical. Be aware of these common signs:
- Unwanted emails or text messages with sexual content.
- Intrusive questions about a person’s private life or body.
- Staring or leering.
- Retaliation or “freezing out” an employee after they refuse a date.
Whether your business is in the city or you require workplace investigations in Bendigo, the standard for behaviour remains the same. Geography is no excuse for a toxic culture.
Steps to Take if You Are Harassed
If you are being harassed, you should take action immediately:
- Document the incident: Keep a diary of dates, times, locations, and witnesses. Save any emails or texts.
- Report it: Inform your supervisor or HR department formally.
- Seek support: Utilize your company’s Employee Assistance Program (EAP) or speak to a friend.
The Employer’s “Positive Duty”
In Australia, the law has changed. Employers now have a Positive Duty under the Sex Discrimination Act.
You cannot just wait for a complaint. You must take reasonable and proportionate measures to eliminate sexual harassment before it happens. This includes:
- Clear Policies: Explicitly banning the behaviour.
- Mandatory Training: Ensuring every staff member signs off on their understanding.
- Complaint Systems: Having a clear, safe process for reporting.
Conclusion
Sexual harassment erodes trust, destroys mental health, and exposes companies to massive legal liability.
It is the responsibility of every employer to create a culture where staff feel safe. By taking complaints seriously and investigating them promptly, we can create an equitable work environment for everyone.
Need to Investigate a Claim?
Do not handle sexual harassment claims internally if you lack experience. Jolasers provides expert, independent investigations.
Common Questions
What is the ‘Time for Respect’ report?
This is a landmark inquiry by the Australian Human Rights Commission into workplace sexual harassment, which led to significant changes in the law, including the ‘Positive Duty’ for employers.
Can I be fired for reporting harassment?
No. Retaliation against an employee for exercising a workplace right (such as making a complaint) is illegal under the Fair Work Act.
Does harassment have to be physical?
No. Verbal comments, offensive jokes, and digital messages are the most common forms of sexual harassment and are just as unlawful as physical contact.