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Workplace sexual harassment – Safe Work Australia’s new guide

Published 17 March 2021

 

Safe Work Australia has recently published an updated guide for preventing the occurrence of any sexual harassment or sexual misconduct within the workplace. The guide provides a variety of information for persons operating a business, or undertaking on preventing and responding to sexual harassment in the workplace.

Safe Work defines sexual harassment as ‘any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, in circumstances where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated’ (2021). This updated guide is aimed at preventing sexual harassment between workers, supervisors, and managers at all levels, as well as managing the risk of third-party sexual harassment from customers, clients, and others.

In 2018, a survey conducted on sexual harassment by the Australian Human Rights Commission found that both men and women experience sexual harassment. However, women are considerably more likely to experience it compared to men, and are more likely to suffer damaging effects on their mental health, self-esteem, self-confidence, and career progression.

What is sexual harassment?
Further, it is also important to consider that sexual harassment is not always obvious, repeated, or continuous, compared to other workplace issues such as bullying. Overt forms of sexual harassment such as unwelcome touching, hugging, cornering or kissing; inappropriate staring or leering; and actual or attempted rape or sexual assault may be easier to recognise in a workplace. However, more covert forms of sexual harassment like sexist remarks, crude language and an overall degrading or intimidating workplace culture can occur, and can be more difficult to identify.

What is your responsibility as an employer?
Sexual harassment is now recognised as a systemic risk with industry, environmental and individual risk factors present in all workplaces. As an employer, you need to identify information about potential workplace hazards for sexual contact, and assess the associated risks. Risk management is a continuous process, requiring regular management to ensure the consistent elimination and minimisation of risks associated with sexual harassment.

It is the employer’s responsibility to set and uphold the standards of behaviour that provide a safe workplace for all workers, where sexual harassment is not tolerated. It is strongly recommended that a workplace policy be implemented, setting clear expectations about behaviours at the workplace and during work-related activities, and provide important information for workers, supervisors and managers.

How do I as an employer prevent, if not eliminate sexual harassment?
The most effective way to prevent sexual harassment from taking place in the workplace is early intervention, and making an effort to report all unwanted or offensive behaviour. The workplace culture, standards of behaviour, policies and procedures that you implement in your practice to prevent sexual harassment will greatly influence how inappropriate behaviour is addressed, and consequently before it escalates. Training should be provided to all workers, supervisors and managers about how to prevent sexual harassment, and also what to do in the event of experiencing or witnessing sexual harassment and how to report it.

If a worker or anyone at your workplace is in immediate and severe or life threatening danger, call 000.

Relevant support services include: