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The Australian Human Rights Commission (AHRC) has presented a new report calling for better accountability and action to combat workplace sexual harassment.
Sexual harassment continues to persist across the Australian workplace, with today’s (25 June) release of the Speaking from Experience report from the AHRC revealing the systemic obstacles that people who experience workplace sexual harassment face.
The report – which included 11 key recommendations to better address workplace sexual harassment – touches on the importance of hearing the experiences of victims to drive change.
“These solutions to prevent workplace sexual harassment come from listening to those who have lived it,” said sex discrimination commissioner Dr Anna Cody.
“We heard the experiences of more than 300 Australians from diverse backgrounds, who told us what needs to change in addressing workplace sexual harassment.”
Key goals of the AHRC report were to offer victim-survivors a chance to not only be heard but also to contribute to strategies for education and positive change while helping employers to better understand and upskill the workforce on what is needed for a safe workplace.
“Workers shouldn’t have to choose between their safety and their livelihood,” said Cody.
“Workplace sexual harassment can affect every part of life, and people who experience it often have the least amount of power: those in insecure work, who are younger, on temporary visas, facing racism, ableism, homophobia, language barriers and other forms of discrimination.”
Among the recommendations put forward were to amend the Sex Discrimination Act 1984 to limit the use of confidentiality and non-disclosure agreements, increase the funding for specialist support services and introduce civil penalties for employers who breach their positive duty under the act.
Contributors to the report made numerous suggestions for easing the barriers to social and financial support after harassment.
“I think there should be something in place so you could get emergency payment if you lose your job as a result of making a complaint ... there’s no real processes in place to keep women safe financially,” said one contributor.
Another said: “The minute you tell a boss about sexual assault, you should be offered a week off minimum ... It doesn’t matter if I’m casual or not, give me time off because I’m not in a mental space.”
In the conclusion of the report, one contributor said: “If I had a magic wand, I would make it known that sexual harassment is illegal. That there are repercussions for it. That it’s not small or something to be swept under the carpet. That it has huge impacts, and that it can be generational as well.
“The workplace culture definitely needs to change ... We’ve got the legislation. We just need to make sure that businesses are keeping accountable to it ... Some kind of monitoring, accountability, so that everybody knows in Australia if there is sexual harassment somebody will complain and something will be done, and you will be supported.”
Cody expressed that although the report offers better insight on how employers can improve to create safer workplaces, it is only the start.
“While it is a final crucial step in the commission’s Respect@Work agenda, there is still plenty of work to be done. The report calls for real action, accountability, and cultural shifts for everyone to be safe and respected at work,” said Cody.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
Sexual harassment is characterised as persistent, frequent, and unwanted sexual approaches or behaviour of a sexual nature at work. Sexually harassing another person in a setting that involves education, employment, or the provision of goods or services is prohibited under the law.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
