With the new positive duty rules set to kick on on 12 December, the Coalition wants a rethink and redesign of workplace responses to sexual harassment.

It says chronic under-reporting and distrust in investigations leave many employees unsupported, and a radical overhaul is needed.

While the first priority is to prevent and stop such behaviour, the Coalition claims current systems and processes are failing almost half of workers who have experienced workplace sexual harassment and make a formal report. Further, employers aren't providing adequate support or no change is occurring and the harassment is continuing.

In a new report, Building confidence and trust in workplace responses to sexual harassment, the Champions of Change Coalition outlines a transformative approach for managing cases when they arise, providing practical guidance to help foster much-needed improvements in organisational response systems.

The report recommends shifting from overly-legalistic, adversarial, and harsh investigatory processes, to safe and fair response systems that prioritise well-being, healing, and recovery for all involved, along with appropriate disciplinary action when required.

Some 30% of employees have been sexually harassed in the workplace over the past five years, with the Australian Human Rights Commission‘s Fifth National Survey on Sexual Harassment in the Workplace finding that less than 20% of workers made a formal report after experiencing sexual harassment in the workplace.

Insights from 19 recent cultural reviews on workplace sexual harassment conducted over the past three years – and Champions of Change Member experiences – explain why reporting and response systems are failing individuals and organisations.

Many employees don’t report workplace sexual harassment because they:

  • do not wish to disclose sensitive personal information to their managers or colleagues who are perceived to be ill-equipped to respond
  • have seen organisations not taking sexual harassment reports seriously and/or people impacted have been subject to overly harsh investigatory processes
  • are unsure of how ‘serious’ an incident needs to be to warrant a report
  • fear that a confidential report won’t be kept confidential, and
  • believe the personal cost to career and reputation of reporting sexual harassment outweighs the benefit of doing so.

Building confidence and trust in workplace responses to sexual harassment draws advice from experts, including Full Stop Australia, and recommends organisations adopt person-centred, trauma-informed, safe, and fair practices for better outcomes.

Positive duty obligations

The requirement for organisations to understand how often, where and why harmful behaviours are occurring in their workplaces is an integral part of their positive duty to prevent sexual harassment and manage risks, according to Kristen Hilton, independent expert consultant and convenor, Champions of Change Coalition.

“Leaders need to develop more person-centred and trauma informed responses and alternative models to resolve matters to ensure the focus remains on the impacted person and the resolution minimises ongoing harm. This means organisations need adequate support systems in place to investigate the complaint safely, resolve the issue fairly and maintain the wellbeing of those impacted restoring relationships and enabling them to thrive,” said Hilton.

Increasing ways to report and choices on how to resolve a complaint will be essential in supporting more people to come forward, according to the report.

“Reporting an experience of sexual harassment ought not to be worse than the incident itself. But that is the reality for many people. Taking a person-centred approach puts the individual impacted at the centre of decision-making and planning and gives that person choice about how the organisation should respond”, said Elizabeth Broderick AO, founder, Champions of Change Coalition.

Navigating the delicate balance between respecting the wishes of the individual impacted, and meeting workplace obligations to protect the safety and rights of others is one of the challenges faced by organisations managing sexual harassment that is addressed in the report.

Learn more here about the Champions of Change Coalition.

How we help

My Business Workplace has a policy on sexual harassment to help you comply with the new positive duty rules.

View the policy here.