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Despite the serious nature of sexual harassment in the workplace, a recent survey has revealed alarming gaps in business leaders’ understanding of their obligations regarding sexual harassment prevention.
A recent study conducted by Our Watch, a national violence prevention organisation, has unveiled troubling statistics regarding workplace leaders’ awareness of their legal responsibilities to prevent sexual harassment within the workplace.
The survey highlighted that 40 per cent of workplace leaders are unaware of their newly established legal responsibilities under the positive duty regulations introduced in December 2022. These regulations mandate that leaders are legally obligated to actively prevent workplace sexual harassment.
Our Watch also revealed that only 76 per cent of leaders acknowledge that workplace sexual harassment is illegal, which is particularly troubling given that such conduct has been prohibited for the past 40 years.
The results derived from Our Watch’s survey of leaders and employees in medium to large organisations reveal significant gaps in leaders’ awareness and understanding of their compliance responsibilities to prevent sexual harassment in the workplace.
Despite these shortcomings, the survey revealed that seven out of 10 workplace leaders were “highly confident” that their organisations and employees were knowledgeable of these legal requirements.
Tackling the issue of workplace sexual harassment is a critical and widespread challenge in Australian workplaces. According to findings from the Australian Human Rights Commission, more than 40 per cent of women and 26 per cent of men have reported experiencing sexual harassment in their professional environments over the past five years. This alarming situation incurs an estimated cost of over $3.8 billion annually to the Australian economy.
Despite the knowledge gaps, the survey revealed a sense of optimism among respondents regarding the effectiveness of current measures to combat workplace sexual harassment, as many reported seeing positive changes in workplace policies and culture.
A substantial 89 per cent of leaders indicated that they strive to set a positive example for gender equality, and 72 per cent identified the prevention of workplace sexual harassment as a priority.
The CEO of Our Watch, Patty Kinnersly, said: “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.”
The findings presented in the report emphasise the necessity for increased investment in formulating effective and appropriate workplace responses to incidents of sexual harassment.
Alarmingly, only 54 per cent of women expressed confidence in their workplace’s ability to respond appropriately to incidents of harassment, while just 48 per cent felt safe reporting such incidents if they occurred.
In contrast, Our Watch disclosed that “men in leadership were the most confident of all that their workplaces had appropriate responses and safe reporting processes”.
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
Sexual harassment is characterised as persistent, frequent, and unwanted sexual approaches or behaviour of a sexual nature at work. Sexually harassing another person in a setting that involves education, employment, or the provision of goods or services is prohibited under the law.
