Understanding the Complexities of Workplace Sexual Harassment

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Understanding the Complexities of Workplace Sexual Harassment

Australia’s workplace culture is under scrutiny as experts call for deeper understanding and action against sexual harassment, especially among marginalized groups. Sex Discrimination Commissioner Dr Anna Cody drawing attention to the need to better understand sexual harassment. She argues that without this information, employers won’t be able to truly address the problem. The recent report highlights the urgent need for organizations to consult their workforce, particularly those who may be more vulnerable, in order to foster a safer work environment.

Our report, #MeToo At Work, depicts the experiences of more than 300 victim-survivors of workplace sexual harassment across a spectrum of industries. For many people, there remains a significant barrier as they attempt to report these events. They are frequently afraid of retaliation or concerned their stories will be ignored. Dr. Shih Joo Tan’s research shows that most victims do not report through official channels. Then they too often experience what I call cultural gaslighting, where their lived experience is downplayed or discounted culturally with statements like, “oh this is just a joke.”

Dr. Cody insists that understanding the nature and prevalence of sexual harassment can only be achieved through direct engagement with employees. She states,

“So firstly, it’s about really understanding the nature and prevalence of sexual harassment in their workplace by speaking to their workers and consulting, particularly those from marginalised groups, not only about what they’re experiencing, but asking what they need to feel safe.”

This perspective is necessary to create impactful training, policies and procedures that do not just focus on window dressing solutions. Dr. Cody calls for trauma-informed and culturally safe reporting processes that deter harassment and protect survivors.

Prabha Nandagopal, a prominent frontline advocate for workplace safety, agrees wholeheartedly with Dr. Cody’s recommendations. She believes that companies not making the required safety changes should be penalized more severely. At present, the Positive Duty regime under the Federal Sex Discrimination Act does not have civil penalties, which Nandagopal argues discourages compliance.

“The positive duty regime under the Federal Sex Discrimination Act doesn’t have civil penalties attached to it,” Nandagopal explains. “So if someone doesn’t comply with the commission’s compliance notice that organization can be taken to the federal court.”

The report outlines eleven primary recommendations as a means for preventing and effectively responding to sexual harassment in Australian workplaces. It’s up to the organizations to foster a culture and environment that employees can safely and authentically report incidents. This needs them to remove all fear of retribution. This is particularly imperative given the truly shocking statistics. They highlighted that a staggering 48% of people with disabilities and 56% of Aboriginal and Torres Strait Islander persons experience discriminatory harassment in the workplace.

Dr. Tan’s discovery paints a disheartening picture. Most victims report feeling let down by their immediate supervisors, even when they wish for a safe space to report. She emphasizes that feeling a sense of comfort and ease with your leadership can make a huge impact on a person’s choice to report unwanted advances.

“In the very first instance, most of them felt comfortable and secure with their direct supervisors,” Dr. Tan states.

In particular, Dr. Tan addresses the disproportionate challenges that migrant and refugee workers experience. For a large number of them, reporting harassment might endanger their visa status or financial security.

“For example, some migrant and refugee women might be on an employer-sponsored visa, which would sit very hard for them to even report or think about reporting because they would then have to consider the consequences that it could have on their visa status,” she explains.

This is why it’s so important for employers who are committed to creating a diverse and inclusive workplace to understand these complexities.

Nandagopal emphasizes the need to take workplace-specific contexts into account when it comes to sexual harassment. She emphasizes that harassers are more likely to prey upon those workers who do not have a stable work situation or those who hold temporary, non-permanent visas.

“Harassers definitely do choose who they are harassing though they’ll choose the person who’s on a temporary visa or who really needs this job and who can’t afford to let it go,” Nandagopal notes.

Understanding every dimension of the complex issue that is sexual harassment will be key to comprehensive prevention efforts. Dr. Cody points to a growing cultural awareness of what constitutes workplace harassment. He credits the important progress achieved in the aftermath of the Me Too movement, but makes clear that there is a lot of work still to do.

“There have been significant changes over the last decade coming out of the Me Too movement and a greater understanding of workplace sexual harassment,” Dr. Cody asserts. “But we still need to build our understanding of what constitutes workplace sexual harassment.”

We hope this report will galvanize leaders across every sector and industry to assert absolute accountability in fostering safe and dignified workspaces. Nandagopal stresses that a culture of respect needs to be created at every level of the organization.

“What we need to see is leaders stepping up,” Nandagopal urges. “So that’s CEOs, directors of boards, managers, supervisors, but everyone within a workplace to make sure that people are safe and respected at work.”

Additionally, the voices of victim-survivors are integral to creating policies and practices that will prevent sexual harassment in the first place. Their experiences cannot be reduced to mere statistics – they are compelling stories that can effect organizational change.

“The people that we heard from, how strong and determined they were in trying to make our workplaces fairer and safer for everyone,” reflects an anonymous source involved in collecting testimonies from victim-survivors.

As organizations navigate these conversations, it remains essential for them to listen actively and adjust their approaches based on feedback from their workforce. Only then will workplaces be able to share in a future without harassment, an inclusive space where every employee is valued and feels safe.

Megan Ortiz Avatar
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