Despite the efforts of the #MeToo movement and the increasing global awareness of sexual harassment in the workplace, it continues to be prevalent and damaging in Australian workplaces.
According to the Commissioner Kate Jenkins, only 17% of people who experience sexual harassment make a formal complaint or report while 71% of Australians have experienced it during their working past. The Commissioner has said it is unclear if the increase in people who have experienced sexual harassment is increasing or if the increases are a result of growing awareness around what kinds of behaviours constitute harassment. Those who did make a complaint reported being labelled as a troublemaker, being ostracised or ignored and 17% reported that they resigned as a result of the complaint.
Not only is sexual harassment unacceptable in our workplaces but is also causing harm to employees and workplaces. Many victims reported that they had experienced negative consequences as a result of the harassment such as impacts on mental health or stress. Kelly O’Dwyer, the Minister for Women, made clear the flow on effects of harassment in her comments, noting the negative “personal and career consequences” for victims and the “reduced productivity, increased staff turnover, absenteeism, compensation claims and early retirement” that are just some of the consequences for workplaces.
In light of this report, it is important that employers have a clear workplace policy on sexual harassment that is made available to all current and new staff members. This policy should aim to educate staff on what constitutes sexual harassment in an effort to educate staff on their rights and obligations, a clear complaints system so staff that experience harassment feel safe and supported when choosing to make a complaint, clear policy on the outcomes of complaints for perpetrators, demonstrating the seriousness with which the workplace takes harassment.
This kind of policy is essential for businesses in order to create and foster a safe working environment, to reduce harassment in your workplace, support complainants and reduce negative financial impacts on your business that may stem from sexual harassment such as absenteeism.
A well drafted sexual harassment policy should form part of a number of other workplace policies, depending on your business.
For more advice around sexual harassment and workplace policies, contact JFM Law on (02) 9199 8597 for a no obligation chat. If you would rather get in contact through email, send your question through or by email at wehelp@jfmlaw.com.au.
The information contained in this post is current at the date of editing – 18 October 2024.
