A new survey has found 40% of workplace leaders are not aware of their new legal obligations to prevent workplace sexual harassment and only 76% of leaders know that workplace sexual harassment is illegal.
Positive duty regulations introduced in December 2022 have shifted the legal onus on employers to prevent workplace sexual harassment. Workplace sexual harassment has been illegal for 40 years.
The survey* of leaders and employees in medium to large workplaces commissioned by national violence prevention organisation, Our Watch, 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 ten of all workplace leaders were highly confident that their workplace is aware of the requirements.
More than 40% of women and 26% 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.
Our Watch is working with some of the country's largest employers to support them in expanding efforts to deliver comprehensive policies, strategies and action to prevent sexual harassment and build a culture of equality and respect. Our Watch also provides free resources to support organisations to create safer and more equal work places.
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 prevention of workplace sexual harassment is a priority in their workplace (72%).
Our Watch CEO Patty Kinnersly said workplace sexual harassment was preventable and a number of workplaces were 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."
The survey pointed to 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, and men in leadership were the most confident of all that their workplaces had appropriate responses and safe reporting processes.
The survey also found:
Among employees, men rated their workplaces significantly more positively than women in terms of the approach to preventing workplace sexual harassment (81% compared to 73%)
Women were consistently more likely than men to see violence against women, gender inequality and disrespect based on gender as significant issues.
The number of employees who were aware of new requirements to prevent workplace sexual harassment was only 39%, suggesting limited communication about the changes within workplaces.
Ms Kinnersly encouraged more workplaces to make the necessary changes sooner, including action plans on recruiting and retaining women in leadership, promoting gender-equal parental leave, and active bystander training so inappropriate behaviours are called out.
