New study finds 1 in 5 retail workers harassed on the job – and leaders need to step up, say experts
Since December last year, Australian employers have been legally bound to have a duty to positively act to eliminate sexual discrimination and harassment in the workplace.
And it’s definitely a problem. Take, for example, a recent study from the University of Sydney and the Australia National University, which found one in five retail workers has been sexually harassed at work in the past five years.
Most often, the abuse comes from a senior colleague or a customer, finds the report, based on a survey of 1,160 retail employees and in-depth interviews with 30 senior leaders in the retail industry.
Encouraging discussions about harassment
While most human resource departments are actively tacking the issues, the reality is that most employees will be reluctant to come forward if they are being sexually harassed or harassed in general.
“Senior leaders should set the agenda by encouraging open discussions and speak out against unlawful behaviour,” Grace Gunn, associate, Holman Webb Lawyers, said.
“Examples must be set at the highest level, from boards through to management, but every level must take responsibility.
Staff at all levels need to see leadership in action, she said.
“Senior leaders should encourage and take steps to ensure all workers feel comfortable reporting sexual harassment.”
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So how can they do that? Leaders should demonstrate their support through words and action, said Gunn, such as participating in policy statement and implementation.
“Leaders should be part of organisational events in relation to discrimination prevention and draw attention to the protections under the law. Visibility to the workforce is key to engagement, as is taking meaningful actions against those who are not compliant with policy and legal prohibitions.”
Section 28A of the Sex Discrimination Act 1984 (Cth) defines sexual harassment as when a person makes an unwelcome sexual advance, an unwelcome request for sexual favours, or engages in other unwelcome conduct of a sexual nature in relation to a person. This occurs in circumstances where it is possible that the person harassed would be offended, humiliated or intimidated.
Sexual harassment can be subtle and implicit rather than explicit.
“Regular training and proper policies are important in preventing sexual harassment in the workplace,” Gunn said. “Workplace policies should include clear procedures outlining what an employee should do if they experience or observe sexual harassment.”
In addition, employers must ensure that anyone who witnesses or experiences sexual harassment understands their options, and encourage those people to come forward, she said.
“As with all organisational policies, they must be available to the workforce and be supported by regular training and explanation as to their purpose, application and enforcement. Employers should also consider cultural audits if they have concerns about inappropriate behaviour.”
The information, media, and telecommunications sector had the highest level of workplace sexual harassment cases over the past five years, according to a new report.
Liability for employers
Under section 106 of the Sex Discrimination Act 1984 (Cth) employers may be vicariously liable if an employee commits sexual harassment, and the employer did not take all reasonable steps to prevent the employee from doing these acts.
According to the Australian Human Rights Commission (AHRC), an employer would be expected to have a sexual harassment policy, provide training for employees on how to identify and respond to sexual harassment, implement an internal complaints-handling procedure, and take appropriate remedial action if and when a sexual harassment complaint is made.
“Employers need to have taken all reasonable steps to prevent sexual harassment and provide a safe place of work,” Natasha Hawker, managing director of Employee Matters, said. “Employers need to have a policy and train all employees in appropriate workplace behaviour. Employees should be encouraged to report any inappropriate behaviour.”
It is now a legal requirement for senior leaders to model appropriate behaviour and follow all policies and procedures, she said.
“This is new and will be more challenging for some leaders. Leaders should communicate that there is a zero tolerance for sexual harassment in the workplace. Model great behaviours and call out inappropriate behaviour when it has been witnessed.”
Last fall, the Australian government launched the Respect@Work website, which aims to support employers in preventing workplace sexual harassment and in fostering safe and inclusive spaces for employees.
General harassment
But it is not just sexual harassment that employers need to be mindful of as general harassment within the workplace is not acceptable either. Addressing the issue from the start of an employee’s contract is a good way to get ahead of a potential problem.
“Employee inductions are a great way to get it right from the start, however, a good induction is contingent on the employer’s policies and the staff that implement the induction process,” Gunn said.
“Every employee should understand and be able to locate an employer’s policies from the commencement date. Training should also take place periodically.”
Recently, there has been a lot of change in relation to the legislation that governs a workplace, she said, and employers must ensure that training and policies are compliant and up to date.
“Human resource professionals are frequently appointed the role of ensuring that these things happen — including onboarding, training and reviewing policies. As such, they should be afforded sufficient resources.
“A regular corporate health check by legal advisors is prudent to ensure that businesses are on the right path.”