By Gaby Grammeno Contributor
Disrespected, disregarded, and discarded: Workplace exploitation, sexual harassment, and the experience of migrant women living in Australia on temporary visas reports on research undertaken by Unions NSW to expose the prevalence of the problem and provide evidence for developing effective strategies to address the needs of this cohort.
Based on an analysis of over 3,000 survey responses and more than 80 interviews, the study collected quantitative as well as qualitative data, allowing migrant women to share their experiences and the impact of sexual harassment in their own words.
The researchers found that just over half the respondents had been subject to workplace sexual harassment, usually from co-workers, clients or customers. The highest incidence was reported in the construction industry, where more than four out of five (82%) had experienced it, followed by around half in the horticulture, hospitality and retail industries, and 42% in cleaning.
The harassment typically took the form of sexually suggestive comments or jokes, intrusive questions about their private lives or physical appearance, or inappropriate staring, leering, touching or invitations.
Many workers across different industries quit their jobs after experiencing sexual harassment because they felt in danger and thought their employer was not doing enough to ensure they were safe at work.
Three quarters of the women did not report sexual harassment because they were worried about a possible negative impact on visa status or employer retaliation, which was not uncommon.
The respondents said that when they attempted to defend themselves, rejected inappropriate behaviour or reported the harasser, the consequences too often included being fired, forced into resigning, having their shifts reduced, underpayment or bullying.
Employers ‘often tried to take advantage of the vulnerabilities associated with their migration status and threatened them with deportation if they didn't accept an invitation to a date, rejected a request for a sexual favour,’ they said.
The study highlighted the need for policy changes that target the issues affecting migrant women in Australia, such as precarious work, and workplace discrimination based on race or gender.
Recommendations
The researchers recommended that state and federal governments allocate resources to establish migrant worker centres across the country, with initiatives designed to empower migrant women to report sexual harassment perpetrators and unsafe workplaces.
They propose that such centres should partner with unions and union peak bodies to deliver comprehensive work health and safety programs, provide immigration and employment legal advice, and refer migrant women to relevant services to receive psychological and counselling support.
Other recommendations include culturally appropriate education and training for migrant communities and workplaces, as the report noted a ‘lack of comprehension of the behaviours that can amount to sexual harassment’, and that ‘different cultures may show distinct perceptions or even misconceptions while discussing or reporting sexual harassment’.
The report called for the establishment of reporting pathways that reflect migrant women’s needs, reforms to improve the accessibility of employment opportunities and legal avenues for addressing sexual harassment.
Visa protections were also recommended, as well as the removal of the student visa working hours cap and specified work requirements for working holiday makers.
Positive duty to prevent sexual harassment
The report notes that while the introduction of a ‘positive duty’ for employers under the Sex Discrimination Act 1984 (Cth) to take proactive and meaningful action to prevent sexual harassment is an important step, it is insufficient to protect women on temporary visas.
‘To effectively ensure temporary migrant women are safe at work, sexual harassment cannot be addressed in isolation; other forms of exploitation and inequality should be concurrently addressed. Insecure migration status, precarious working conditions and limited access to employment opportunities intersect with sexual harassment and create barriers that prevent migrant women from reporting harassment.’
The report includes case studies of several young women who came to Australia to study or on a working holiday or to improve their English.
What it means for employers
In the light of what this research has revealed, employers of migrant women – and especially those on temporary visas – need to be consider practical steps they can take to comply with their positive duty to prevent sexual harassment at their workplaces.
Measures to reinforce the required standard of behaviour may be needed, together with awareness raising and training for staff, particularly for supervisors, who need to know how to respond to complaints and deal with unacceptable conduct they may observe. It may also be useful to review and revise internal reporting pathways.
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