Prevent and manage sexual harassment

Depending on the size and type of workplace, employers can do this in different ways. This includes by:

• seeking employee reports about health and safety concerns, including psychosocial hazards
• providing multiple ways to report, including anonymously, verbally or in writing
• talking to employees and observing how work is being done
• organising external reviews of the workplace by an independent person or organisation
• seeking feedback on psychosocial hazards
  • for example, doing employee surveys with questions about psychosocial hazards.

• Review workplace data
• Review workplace structure
• Review the working culture
• Revew work systems, practices and policies
• Review the working environment - both physical and online
• Review patterns of absenteeism and leave
• Talk to your staff

• What is the source of the likely risk/s? For example, colleague, manager or customer?
• When are employees exposed to the hazard? For example, daily, at peak times, when a certain task is done?
• How long are employees exposed for at any one time? For example, two weeks at the annual peak demand or an hour during each shift? Exposure for a short duration may still be harmful, such as seeing someone perform a sexual act.

For example:

• Could the exposure happen as a single episode? For example, a customer deliberately touching an employee’s backside.
• Is exposure likely to be repeated and the harm accumulate over time? For example, repeated questions from a colleague about an employee’s relationship status, either in person or via a chat function.
• What risk controls are currently in place to reduce the risks and how effective are they?
• Are there other psychosocial hazards active in the workplace that may increase the risks?
• Could an employee be permanently physically or psychologically injured and unable to work?

For example:

• people who identify as women or non-binary
• employees who work at night.

For example:

• employees who face overlapping forms of discrimination
• employees caring for patients displaying inappropriate sexual behaviours.

Sexual harassment is under-reported. The 2022 Australian Human Rights Commission Survey found that in the past five years only 18% of people who had been sexually harassed at work made a formal complaint.

Employees may not report incidents because:

• It’s seen as ‘part of the job’ or work culture and they think nothing can be done about it.
• They think reports will be ignored, not taken seriously or not handled respectfully and confidentially.
• They fear they will be blamed, or that reporting may lead to more harm, discrimination or disadvantage. This may include losing their job or shifts.
• A perpetrator may have organisational power over them. For example, a manager or supervisor.
• They may have reported it in the past, and nothing happened to stop the behaviour or they felt victimised, so they don’t want to report again.

Reports of unwanted behaviour or areas of risk will help employers to prevent and respond to sexual harassment. Employees should be able to report sexual harassment in a way that is:

• respectful and does not cause further harm
• straightforward
• confidential
• supported, including by their supervisor/management, an HSR, a union delegate or other support person.

Employers should regularly promote ways to report, including during induction. Employees should be able to report anonymously if they wish. This may particularly help vulnerable employees.

Employers can encourage reporting by:

• Showing commitment to, and modelling of, appropriate behaviours.
• Acting on reports as soon as possible, in line with the organisation’s policies and procedures. Consider how the employee may be affected and what they would like to achieve.
• Training supervisors how to respond to a report. This includes protecting the affected employee from blame, penalty or further harm. For example, not simply moving them into another role.
• Providing consistent, effective and confidential responses. These should include ways to eliminate the harmful behaviour. If this is not possible, minimise the risk as far as is reasonably practicable.
• Encouraging all employees to do regular refresher training on preventing and responding to sexual harassment. This includes supervisors, management and HSRs.

Employers should not wait for a report or complaint to:

• put risk controls in place to prevent sexual harassment
• investigate a known incident of sexual harassment.

Encourage employees to ‘call it out’

A bystander is someone who either:

• sees something concerning but isn’t directly involved
• is told about an incident.

An active bystander is someone who takes action after witnessing or hearing about an incident of harmful behaviour. It can involve acting in the moment through words or body language. It can also include making a report afterwards or challenging the culture that allowed the behaviour to occur.

Employers and managers set the workplace culture. They should model desired workplace behaviours of equality and respect by championing a culture that is free from sexist and discriminatory attitudes and behaviours. They should be supportive of employees who experience violence and integrate gender equality into core business.

Workplaces can achieve this by:

• Develop a workplace action plan, strategy or policy.
• Consider how work is designed.
• Develop work systems and procedures that help prevent sexual harassment.
• Consider the physical working environment.

Employers must provide necessary information, instruction, training or supervision. This should be provided alongside other risk control measures to effectively control the risk of sexual harassment.

Information, instruction, training and supervision help to educate employees about preventing the risk of gendered violence. Training on gendered violence can form part of wider training about:

• gender equality
• codes of conduct
• violence prevention.

Employers should deliver targeted training to employees at all levels. This includes during induction and at regular intervals. Where possible, tailor training to employee needs and roles. It should cover:

• Sexual harassment prevention measures and how the organisation is putting these in place.
• Workplace policies and procedures, including:
  • standards of behaviour
  • how to respond to and report sexual harassment
  • what to do if someone discloses an instance of sexual harassment.
• Being an active bystander.
• Situational risk assessment. For example, when visiting homes or working alone.
• How to model and encourage appropriate behaviours or manage harmful behaviours.
• Dealing with customers or clients who are unsafe, aggressive or violent. This may include actions like refusal of service.
• Communication skills.
• How compounding risk factors increase the risk of sexual harassment.