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Occupational Health

Survey reveals lack of awareness of workplace sexual harassment laws

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A survey conducted by national violence prevention organisation Our Watch has found that 40% of workplace leaders are not aware of their new legal obligations to prevent workplace sexual harassment, while only 76% of leaders know that workplace sexual harassment is illegal. The survey of leaders and employees in medium to large workplaces highlights that significant work is still needed across many workplaces to improve awareness and drive the changes needed to prevent workplace sexual harassment.

The survey found key gaps in workplace leaders’ awareness of their new positive duty responsibilities. Despite these knowledge gaps, seven in 10 of all workplace leaders were highly confident that their workplace is aware of the requirements. More than 40% of women and 26% of men have experienced workplace sexual harassment in the past five years, according to the Australian Human Rights Commission. It costs the Australian economy more than $3.8 billion a year. Evidence shows that discrimination and gender inequality are the key drivers of workplace sexual harassment.

Despite mixed results, there was general optimism that approaches to preventing workplace sexual harassment are becoming more effective, with most survey respondents having seen evidence that their workplace was taking action to improve workplace policies and culture. Most leaders said they try to set a positive example for gender equality in the workplace (89%) and that the prevention of workplace sexual harassment is a priority in their workplace (72%).

Our Watch CEO Patty Kinnersly said workplace sexual harassment is preventable, adding that a number of workplaces are leading the way in being proactive and delivering comprehensive change. “All employees should feel safe at work and preventing workplace sexual harassment is a key safety issue, particularly for women, people of colour and LGBTIQA+ employees. When workplaces create a culture of safety and respect, business profitability increases, along with productivity and employee engagement,” Kinnersly said.

The survey highlighted the need for more investment in developing appropriate workplace responses to sexual harassment. Among employees, only 54% of women were very confident of an appropriate workplace response, and only 48% of women were very confident that if a colleague were sexually harassed at their workplace they’d feel safe to report it. However, among leaders, confidence was much higher, with men in leadership the most confident of all that their workplaces had appropriate responses and safe reporting processes.

Among employees, men rated their workplaces more positively than women in terms of the approach to preventing workplace sexual harassment (81% compared to 73%). Women are also consistently more likely than men to see violence against women, gender inequality and disrespect based on gender as significant issues. The percentage of employees who were aware of new requirements to prevent workplace sexual harassment was only 39%, suggesting limited communication about the changes within workplaces.

Kinnersly has encouraged workplaces to make the necessary changes sooner, including action plans on recruiting and retaining women in leadership, promoting gender-equal parental leave and organising active bystander training so inappropriate behaviours are called out.

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