The 2022 Australian Human Rights Commission (AHRC) National Survey on sexual harassment in Australian workplaces measured people’s experiences of sexual harassment throughout their lifetime and their experiences of sexual harassment in the workplace over the last five years. As a female in the workforce and someone who has both law and psychology degrees, I am not at all startled by the data that has been published. Whilst 33% of Australians have been sexually harassed in the workplace in the last 5 years, only 18% of those made a formal report, and of those, one quarter said it resulted in no consequences for the harasser. Many people did not report because they feared negative consequences, did not think it was serious enough, nor did they know how to report the conduct. Only 28% of bystanders who had witnessed someone being sexually harassed at work or had heard about someone being sexually harassed (37%) took action to intervene or support the harassed person. The main reasons cited for not acting were not knowing what to do, fearing negative consequences, or thinking it was not their responsibility (AHRC, 2022).

Whilst not the sole contributor to the underreporting, a major contributor was that only half of workers said their organisation provided them with information on how to report sexual harassment, and only 39% said they had attended training on sexual harassment. However, 73% of people believed their organisation’s leaders were committed to ensuring a safe working environment free from sexual harassment. It is this figure that gives me confidence that with the introduction of the research report, Positive duty: preventing and responding to workplace sexual harassment – Insights from Australian directors, there will be more action taken to stem the problem of workplace sexual harassment. The report, a collaboration of the Australian Institute of Company Directors (AICD) and the Australian Council of Superannuation Investors (ACSI), provides real-world insights from experienced ASX listed company directors on their board oversight practices. These insights identify common challenges that directors face and highlight better governance practices.

The positive duty, introduced by the Anti-Discrimination and Human Rights Legislation (Respect at Work) Act 2022 (Cth), requires employers to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, sex discrimination, hostile workplace environments, and victimisation, as far as possible. The positive duty applies to all employers and the guide provides practical guidance to Australian directors to meet their positive duty obligations. The guide provides guidance on how to:

• Assess and manage the risks of sexual harassment and other harmful conduct in their workplaces;
• Monitor and evaluate the effectiveness of their prevention measures;
• Foster a safe and respectful workplace culture that values diversity and inclusion;
• Encourage reporting and support for people who experience or witness sexual harassment or other harmful conduct; and
• Communicate and disclose information about sexual harassment and other harmful conduct in a transparent and accountable way.

The report found that board practices have improved with an increased momentum to take action, but there is still a long way to go and a need for collective buy-in and ownership by all directors. It also identifies key challenges and opportunities for boards, such as:

• Enhancing their understanding of the full scope and obligations of the positive duty and the nature and extent of the conduct covered;
• Leading from the top and setting the tone and agenda for cultural change, including through CEO selection and incentives;
• Integrating sexual harassment and other positive duty conduct into safety and risk management frameworks and treating psychosocial hazards with the same priority as physical safety;
• Gaining visibility over organisational culture and using multiple data sources and indicators, such as gender equality and diversity metrics;
• Lifting reporting rates and establishing a Speak Up culture, as well as ensuring fair and timely outcomes and support for people who report sexual harassment and other positive duty conduct; and
• Increasing internal and external transparency and accountability around the prevalence and consequences of sexual harassment and other positive duty conduct.

The report revealed that there has been a growing focus on sexual harassment among boards, but there is uncertainty surrounding the full scope and obligations of the positive duty. Directors would like to see proactive action taken by management to prioritise initiatives to prevent workplace sexual harassment. One approach is to integrate sexual harassment and other positive duty conduct into workplace health and safety risk management frameworks and view these psychosocial hazards with the same priority as physical safety concerns. The Positive Duty places an onus on organisations and on those in charge to provide a safe, accepting, and respectful workplace. The Positive Duty encourages a top-down approach requiring directors and management to enhance employee experiences by accelerating progress on gender equality, diversity, and inclusion initiatives. Providing a clear, accessible, and effective reporting and response mechanism for sexual harassment and other positive duty conduct, and ensuring a fair, timely, and confidential handling of reported matters, will encourage employees to Speak Up and call out inappropriate conduct. The research indicates that organisations that are transparent and share information about sexual harassment and other positive duty conduct, report significant positive impacts on workplace culture (AHRC, 2023).

By engaging an independent Speak Up firm such as Core Integrity (CI), employees know that the organisation is serious about responding to and preventing sexual harassment and are seeking to foster a culture of safety, respect and inclusion that values diversity and gender equality. CI are leaders in providing person-centred and trauma-informed support to Reporters who experience or witness sexual harassment and other positive duty conduct and can work with employers to ensure that Reporters are not victimised or disadvantaged for reporting their concerns. CI can also monitor and evaluate the nature of the reports received and identify trends in the data to assist the organisation in addressing the causes of sexual harassment and other positive duty conduct. If you would like more information or clarification on what steps you can take to comply with the positive duty, feel free to reach out. We can work together to protect your people, reputation and bottom line.

References

Australian Human Rights Commission. (2022). Time for respect: Fifth national survey on sexual harassment in Australian workplaces. Australian Human Rights Commission.

Australian Human Rights Commission. (2023). Positive duty: preventing and responding to workplace sexual harassment.