5 practical steps employers can take to prevent sexual harassment at work

Regardless of your business size or industry, there are some steps that all leaders can take to prevent workplace sexual harassment, writes Maddie Diamond.

Workplace sexual harassment is present in every industry and can happen in any workplace. One in three Australians has been sexually harassed at work. Given the prevalence, it’s likely that incidences of sexual harassment have occurred, or will occur, in most businesses. Unfortunately, despite the serious psychological and economic impacts of harassment for both the worker and the workplace, workplace sexual harassment is still frequently misunderstood or put in the too-hard basket.

All employers have an obligation to ensure the health and safety of their workers under work health and safety (WHS) laws. But WHS isn’t the only legislation that employers need to be aware of when it comes to workplace sexual harassment. Employers also have a positive duty to prevent workplace sexual harassment, not just to react appropriately when it happens. An employer will be treated as legally responsible for sexual harassment done by its employees if the employer cannot show that it took all reasonable steps to prevent the sexual harassment from happening.

So, what are the reasonable, proactive steps that employers should take to prevent workplace sexual harassment?

The answer will depend on the size, nature, and circumstances of your organisation and business. We recommend consulting both the Guidelines for Complying with the Positive Duty and the WHS (Sexual and Gender-based Harassment) Code of Practice to make a plan that addresses the unique context of your business.

Regardless of your business size or industry, there are some steps that all leaders can take to prevent workplace sexual harassment. Below are five key actions employers can take to reduce the risk of sexual harassment, fulfil their legal duty, and create a safer workplace for all workers.

1. Conduct a risk assessment and risk management plan

To prevent workplace sexual harassment, it’s important to understand and address the underlying root causes (e.g. power inequalities) and the reinforcing risk factors (e.g. workplace drinking culture). Conduct a risk assessment to understand what the risk factors may be for your organisation.

The WHS (Sexual and Gender-based Harassment) Code of Practice and the Guidelines for Complying with the Positive Duty both provide specific examples and practical steps to reduce the risk factors of workplace sexual harassment. These resources can help employers understand and mitigate the risks in their workplaces, such as workplace layout, the nature of certain tasks, workplace culture, online systems, the makeup of work teams, levels of visibility and privacy, and many other factors. Every industry and workplace will have unique risk factors, so it’s important to assess how your workplace operates, rather than only implementing generic changes. This process can form part of your overall approach to risk management as an organisation.

2. Put in place a clear and thorough workplace sexual harassment policy

Every workplace should have a written policy addressing workplace sexual harassment, setting clear expectations for behaviour and processes.

A strong sexual harassment policy must:

• Define what sexual harassment is and give examples of behaviour that will be treated as workplace sexual harassment.
• State that sexual harassment is against the law and refer to the relevant federal and state laws.
• Have a zero-tolerance stance for sexual harassment, and state the serious consequences of this behaviour, like disciplinary action or termination.
• Set out an internal reporting process that clearly outlines who to report to, how to make a report, and how the report will be dealt with.

Workplace policies are strengthened when workers are familiar with them, know how to access them, and can easily understand them. A perfect policy means nothing if workers don’t know it exists. It’s important to not only walk new recruits through policies and procedures as part of their induction, but to regularly remind all staff of these policies and your expectations for their behaviour. The strongest policies are those that have been developed with staff consultation, where staff feel they can contribute to the shared expectations and culture of the workplace.

3. Reduce barriers to reporting

Employers often assume that sexual harassment isn’t an issue in their workplace because they haven’t received any reports. Unfortunately, workers still face many barriers to reporting, and fewer than one in five people who experience sexual harassment will make a formal report or complaint.

It’s important to create a workplace environment where reporting unsafe and unlawful behaviours is normalised. Employers can do this by demonstrating to staff that they will be genuinely supported to make a report and won’t receive backlash for speaking up. People leaders should intentionally check in regularly with staff to build trust and provide space for staff to raise concerns. By doing this, leaders can become a “tellable person” – someone that workers trust to bring their concerns to.

In addition, it is important to recognise that workers won’t always feel comfortable making a report directly to their manager. Employers need to provide multiple pathways for staff to report sexual harassment. Pathways may vary depending on your business, but examples include anonymous reporting forms, workplace posters with QR codes, contact people and union information.

Many workers fear that if they speak up, their jobs will be impacted, or they will be unfairly terminated. Increasing job security reduces this barrier and can make a huge difference in empowering people to report unsafe behaviours. Consider how you might be able to improve job security for your employees, such as by granting permanency wherever possible.

When complaints are made about sexual harassment, it is essential that they are investigated in a timely way, and that they don’t take many weeks or even months to investigate. While conducting investigations, you should take steps to manage risks and ensure the safety of the complainant (such as moving the person against whom the allegations are made to ensure they cannot come into contact with the complainant, or placing them on leave with pay pending the outcome of the investigation). It is important to not stand down the complainant, or direct them to take leave without first consulting with them.

4. Understand how power is operating in your workplace, and address it

Workplaces often contain both visible and invisible power structures. Visible structures of power are intentionally designed organisational structures. Most workplaces have a hierarchical structure that provides different levels of power and responsibility to different workers. Invisible power structures are the informal dynamics that can form between workers due to gender inequality, racism, ableism, classism, and other forms of oppression and privilege.

These power dynamics are the driving forces behind workplace sexual harassment. When large power inequalities exist between workers, it increases the risk of sexual harassment and abuses of power. To truly prevent workplace sexual harassment, you must understand and address power dynamics. This includes being aware and mindful of the power you hold over others in your organisation.

Power dynamics don’t shift overnight, but good leaders can build safer and more inclusive workplaces by:

• Committing to self-education.
• Role modelling respectful behaviour.
• Diversifying the workforce through intentional hiring, mentoring, retention and promotion of workers who have been historically excluded or marginalised in workplaces.
• Using their position of power to set high standards for their organisation’s culture.

5. Organise regular, comprehensive training for all staff

There are many common misconceptions within workplaces about what sexual harassment is. For example, most workers are unaware that sexual harassment is defined from the perspective of the person feeling harassed, regardless of the intentions of the person engaging in the behaviour. Many workers don’t realise that sexual jokes, intrusive questions, or commenting about someone’s looks can be forms of sexual harassment.

It’s important that both employers and workers have a strong and up-to-date understanding of what sexual harassment is, their legal rights and responsibilities, and how to be an active bystander. Booking regular workplace training for your staff is an effective and important step towards prevention.

Maddie Diamond is the education and training officer at Working Women’s Centre SA. She was the 2020 ACT Young Australian of the Year.

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