Sexual harassment is one of those issues that people don’t always talk openly about in the workplace, but it may be more common than many realise. The most recent data from the Australian Human Rights Commission (AHRC, 2018) suggested approximately one in three Australians had experienced sexual harassment over the preceding 5 years (2 in 5 women, and 1 in 4 men). We may expect that women are far more likely to experience sexual harassment than men, and whilst it is more prevalent for women, men are often targets of this behaviour too.
Sexual harassment: a workplace health and safety issue
Over the past couple of years, there has been an increasing push to manage sexual harassment as a workplace health and safety issue. Whilst some progress has been made under anti-discrimination laws, we haven't yet done enough to adequately control this issue in workplaces. This has largely been driven by the AHRC’s national inquiry on sexual harassment and release of the Respect@Work report.
Changes are coming and further regulatory action will be taken. It is no surprise that sexual harassment is one of the five psychosocial hazards that the Victorian Government is seeking to address through amended regulations, imposing requirements on employers to have documented risk management plans in place. Now is the time to start thinking about what actions your organisation needs to take...
What behaviours constitute sexual harassment?
Sexual harassment is an insidious and damaging issue in the workplace that impacts targets in many different ways and can considerably destabilise team dynamics and workplace culture. Sexual harassment includes overt behaviours such as unwelcome hugging, kissing, inappropriate physical contact, requests for sex, and sexually explicit communications and materials. But it may also involve more subtle behaviours such as staring, following or loitering nearby, questions about one’s personal life, comments about physical appearance, favouritism, unwanted social invitations, invasion of personal space, suggestive comments, sexist remarks, and flirtatious behaviour.
It doesn’t necessarily need to be perpetrated by other workers either – employees could experience such behaviours from clients, customers, suppliers, workplace visitors, and other external stakeholders.
How does sexual harassment impact on people at work?
I have spoken to numerous workers impacted by this issue who speak of unwanted attention and preferential treatment, and the consequential raised eyebrows and resentful behaviour experienced from colleagues. It may not always be obvious to others that a person is experiencing sexual harassment, or even that this behaviour is unwanted. Targets can end up exposed to gossip, rumours, exclusion, jokes, inappropriate comments, and other behaviours that would amount to workplace bullying, further compounding mental health concerns.
Experiences of sexual harassment can be degrading and humiliating, and when they are perpetrated by someone in power, can cause a lot of anxiety about the consequences of making complaints. It can leave employees feeling isolated, paranoid, and helpless. In speaking to people about sexual harassment (and admittedly it is generally women that I see for this issue), they are often preoccupied worrying about whether they did or said the wrong thing, invited the behaviour in some way, didn’t push back enough, or sent the wrong signals.
There is a lot of shame associated with experiencing sexual harassment and it can negatively impact confidence, with people often wanting to fade into the background. Other consequences I have commonly seen for such individuals include a strong desire to avoid the workplace and perpetrator, concerns about personal safety, and confusion about how the person failed to identify that their behaviour was not appropriate. It can take a lot of mental and emotional energy to process these experiences, leading to difficulties sleeping, lost appetite, and low mood, amongst other things.
Because of the impacts to those experiencing sexual harassment, along with the ripple effects in teams, this can become a very costly issue for businesses to deal with. Like any psychosocial hazard, sexual harassment can result in lost productivity, decreased performance, increased absence from work, and ultimately turnover, as well as costs associated with workers’ compensation and rehabilitation.
What steps should employers be taking?
The intent of WHS measures are to ensure proactive steps to create a safe working environment, controlling risks where possible and minimising exposure to harmful and destructive workplace behaviours.
Factors that may increase risks of sexual harassment occurring include:
Lack of workplace diversity, such as workplaces dominated by a particular gender or age group
Power imbalances, particularly where one gender has more power than another
Strict hierarchical structures (which can facilitate power imbalances) such as in emergency services, defence, health, and the legal profession
Tolerance of unacceptable workplace behaviours and failure to take matters seriously
Lack of management development practices and adequate training for manages to understand how to identify and respond to inappropriate workplace behaviour
Use of alcohol in the workplace, such as after work drinks or at social functions
Steps that employers should take to proactively manage risks and protect workers include:
Ensuring sufficient systems for reporting incidents of sexual harassment and encouraging workers to use these systems
Fostering a psychologically safe environment where people feel they can speak up about sensitive issues and inappropriate behaviours
Designing safe physical work environments where there is good visibility and un-restricted movement around the workspace
Reviewing work systems and practices to identify vulnerabilities, such as isolated work, workers having minimal supervision, working in restrictive spaces, and interactions with external stakeholders
Continued reinforcement of acceptable and unacceptable workplace behaviours, supported by effective onboarding and ongoing training, and ensuring zero tolerance as part of the workplace culture
Regularly seeking feedback from employees about their experiences at work, such as through anonymous surveys, both throughout employment as well as on exit
What should you do if you experience sexual harassment at work?
Being sexually harassed can be an awful experience, so engage in self-care and take proactive action:
Ensure the person knows their behaviour is unwanted. Some people are better at understanding where boundaries are than others. Gently giving feedback on inappropriate behaviours will help the person understand it is unwanted, unwelcome and causes discomfort, and may quickly put a stop to it.
Reach out for help and support. Experiencing sexual harassment can lead to many negative thoughts and emotions, causing distress and impacting on work productivity and personal relationships, among other things. Speak to someone about your experiences to process what has happened and prevent feeling responsible, such as your manager, friends and family, your GP or a counsellor.
Report the issues. Raising a complaint of sexual harassment can be a scary experience for many. By raising issues you can ensure sufficient support to stop these behaviours and regain a sense of control over your experiences at work. Seek advice and assistance from someone you trust if this helps.
Need support?
We can assist you. If you aren’t sure if your business has the right practices in place, or you require specialised assistance to improve risk management frameworks, reach out for a free consultation to see how we might be able to assist.
Further reading
Australian Human Rights Commission (2020). Respect@Work: Sexual Harassment National Inquiry Report. https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020
Deloitte Access Economics (2019). The Economic Costs of Sexual Harassment in the Workplace. https://www2.deloitte.com/content/dam/Deloitte/au/Documents/Economics/deloitte-au-economic-costs-sexual-harassment-workplace-240320.pdf
Fair Work Commission. When is a worker sexually harassed at work? Sexual Harassment Benchbook. https://www.fwc.gov.au/when-worker-sexually-harassed-work
Safe Work Australia (2021). Preventing Workplace Sexual Harassment: National guidance material. https://www.safeworkaustralia.gov.au/sites/default/files/2021-06/Guide%20for%20preventing%20workplace%20sexual%20harassment.pdf