Why HR has a credibility problem when it comes to sexual harassment

New changes to legislation banning sexual harassment in the workplace means HR must step up its game.

HR is in the powerful position to lead the conversations around harassment in the workplace, but too often HR lacks the qualifications and the diverse set of workplace skills and experience to identify problems, educate workers, and deal with the issue of workplace sexual harassment.

Businesses that don’t employ qualified and experienced HR professionals or give their HR departments the power to manage badly behaved employees, face a crisis and may be exposed to legal proceedings and compensation payments.

The lack of skills and experience to address these issues dilutes the credibility of the HR function.

Employees often find HR untrained, unaware and incompetent – and lacking the sensitivity to deal with sexual harassment complaints.

It’s never been more important for employers to consider whether their current workplace policies, procedures and training are adequate to proactively prevent inappropriate sexual behaviour.

Amendments to the Anti-Discrimination and Human Rights Legislation (Respect at Work) Bill 2022 around sexual harassment prevention puts HR on notice because the amendment sharpens the focus on companies to prevent sexual harassment.

HR has a bigger responsibility to make it clear that sexual harassment is now a specific form of risk.

[I think] the majority of Australians who experience sexual harassment at work don’t report it because they feel that nothing will happen as a result of speaking up.

Sexual harassment remains an issue for small, medium and large business in city, rural and remote rural areas.

The most recent survey by The Australian Human Rights Commission found formal reporting of sexual harassment was low (17 per cent) and I believe a lack of faith in the grievance process was one of the reasons for not reporting it.

It’s very hard to trust the system when HR is not seasoned, qualified and experienced to legitimise an employee’s complaint.

Sexual harassment is offensive and traumatic and it’s made worse when the system created to address it fails because of incompetency and inexperienced low-level HR administrators.

I suggest the solution to combatting sexual harassment behaviours is not more HR but better trained HR.

What HR can do to prevent sexual harassment and to address it where it does occur:

Improve policy and procedure training: The development and implementation of a sexual harassment policy, particularly by small business, should be done in person. Instructional films and computer training modules and protocols of compliance should be communicated in person to achieve better engagement and understanding around issues of sexually inappropriate behaviour.

Importance of being visible: Human resources needs to be present at the coalface to get an overview of the whole company. ‘Walking the floor’ helps HR identify hotspots, frustrations or conflicts.

Better training, qualifications: HR must know their Industrial Relations legislation and related employment laws. HR professionals should have the IR skills required to navigate the complex landscape of industrial disputes. Better training for managers and supervisors will help them be better prepared around sexual harassment and ensure they provide a safer work environment.

Regular check-ins: Having career conversations and regular chats with staff helps work towards developing a culture that prioritises a sense of inclusion and belonging – and a safe workspace. It will also assist HR to manage bad behaviour before it escalates. HR can improve its credibility by focussing on building better relationships with employees.

Outsource HR: Having an independent third party or an external law firm to investigate complaints can instil greater confidence that the process is being carried out correctly and in turn boost employee trust in the process.

Maureen Kyne is a workplace bullying, sexual harassment and discrimination specialist.

Note from the editor: Please note that this article has been prepared for informational purposes only, and is not to be construed as advice, legal or otherwise.