Data snapshot - Work-related sexual harassment

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated, or intimidated, Sexual harassment may be physical, verbal, or non-verbal. Examples of work-related sexual harassment include:

  • unwelcome touching or physical contact
  • suggestive comments or jokes
  • sexually offensive pictures or sexually explicit emails, text messages or online interactions such as social media posts
  • unwanted invitations to go on dates or requests for sex (SWA 2021a).

Sexual harassment is not always obvious, and it can be a one-off event, repeated, or continuous. It can include a behaviour that affects someone who is exposed to it or witnesses it, for example overhearing a conversation or seeing sexually explicit material in the workplace.

Under the ACT’s WHS laws, persons conducting a business or undertaking (PCBUs) have a duty eliminate or minimise risks to the physical and psychological health and safety of workers and other persons as far as is reasonably practicable. This includes the risk posed by sexual harassment.

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National data

Survey Data

In 2018 the Australian Human Rights Commission released its fourth national survey on sexual harassment in Australian Workplaces (AHRC 2018). This survey was used to inform the Commission’s 2020 Respect@Work national inquiry into sexual harassment in workplaces (AHRC 2020).

The national survey focused on the prevalence, nature, and reporting of sexual harassment in Australia. Key results from the more than 7,000 interviews conducted with randomly selected workers included:

  • One in three people reported experiencing sexual harassment at work in the last five years, including 39% of women and 26% of men. Roughly half of people who reported being sexually harassed in the workplace said that this had occurred on more than one occasion.
  • Perpetrators of reported workplace sexual harassment were primarily male (79%).
  • People aged 18 to 29 were more likely than those in other age groups to report having experienced workplace sexual harassment in the last five years. 45% of respondents in this age group reported having experienced sexual harassment.

The most common types of sexual harassment workers reported experiencing in the past five years were offensive, sexually suggestive comments or jokes and intrusive or offensive questions about a person’s private life or physical appearance. The industries with the highest prevalence of sexual harassment are information, media and telecommunications and arts and recreation services (ARHC 2018: ch. 3).

Workers’ compensation claims data is another source of information on work-related sexual harassment. In its latest report into bullying and harassment in Australian Workplaces (SWA 2021b), Safe Work Australia reported that in 2017-18 there were 190 accepted workers’ compensation claims due to ‘other harassment’. Over the period 2012-13 t0 2016-17, the frequency rate of ‘other harassment’ claims for women was approximately five times the frequency rate for men - 1.9 claims per 100 million hours worked compared to 0.4 claims per 100 million hours worked (AHRC 2020). The highest frequency rates for ‘other harassment’ claims by industry were in health care and social assistance (2.1 claims per 100 million hours worked), education and training (2.0 claims per 100 million hours worked) and public administration and safety (1.8 claims per 100 million hours worked). The frequency rates of these industries were double all other industries (ARHC 2020: 117-118).[1]

However, sexual harassment is known to be underreported – for example, in the fourth national survey on sexual harassment only 17% of those who reported experiencing sexual harassment said that they had made a formal complaint or report (2018: 67). Additionally, such claims tend to result only from particularly severe incidents. These factors, combined with the system of coding workers’ compensation claims used nationally (SWA 2008), which combines claims due to sexual harassment and claims due to racial harassment into a single category of ‘other harassment’, mean workers’ compensation claims data offers a limited picture of the prevalence and nature of sexual harassment in Australian workplaces.

ACT data

Survey data

Several organisations, including WorkSafe ACT, have recently surveyed ACT workers on their exposure to work-related sexual harassment.

In December 2021, WorkSafe ACT’s Psychosocial Team launched an ongoing proactive campaign focused on the retail industry.  As part of this campaign, WorkSafe ACT inspectors have asked workers about their experience of work-related sexual harassment. Of the almost 500 workers surveyed to date, approximately 9% of workers reported experiencing sexual harassment.

Other data

The ACT Human Rights commission also received 13 work-related sexual harassment complaints in 2017-18 (ARHC 2020: 111).

WorkSafe ACT’s response

In October 2021 WorkSafe ACT launched its Managing Work-Related Sexual Harassment Plan 2021-2023 (the Plan) as part of its Strategy for Managing Work-Related Psychosocial Hazards 2021-23. The Plan outlines WorkSafe ACT’s approach to tackling work-related sexual harassment in the Territory through education and compliance and enforcement activities.

A key aspect of the Plan is raising awareness of sexual harassment as a work health and safety issue. To achieve this goal, WorkSafe ACT will:

  • Develop and maintain a dedicated webpage on sexual harassment
  • Develop and deliver multimodal communication and education campaigns on sexual harassment
  • Promote existing resources, including those developed by other jurisdictions
  • Develop and promote new resources on sexual harassment and gender-based violence.

WorkSafe ACT’s psychosocial team has conducted several workplace visits in response to complaints about sexual harassment. The team will work to build its capacity to respond to sexual harassment in ACT workplaces by completing training on gender-based violence and sexual harassment.

WorkSafe ACT has been actively involved in national working groups to provide input and advice for meeting the recommendations in the Australian Human Rights Commission’s Respect@Work report. This important work will continue in 2022-23.

Resources for PCBUs and workers

Safe Work Australia, Workplace Sexual Harassment

Australian Human Rights Commission, Respect@Work: Sexual Harassment National Inquiry Report

WorkSafe ACT, Work-related violence and aggression plan 2021-2023

References

ACT claims data provided by Workplace Safety and Industrial Relations Division, Chief Minister, Treasury and Economic Development Directorate (private sector and ACTPS claims only).

AHRC (Australian Human Rights Commission) (2020), Respect@Work: Sexual Harassment National Inquiry Report, accessed 25 August 2022.

AHRC (2018) Everyone’s business: fourth national survey on sexual harassment in Australian workplaces, accessed 25 August 2022.

SWA (Safe Work Australia) (2021a) What is workplace sexual harassment infographic, accessed 25 August 2022.

SWA (2021b) Psychosocial_health_and_safety_and_bullying_in_australian_workplaces_6th_edition, accessed 25 August 2022.

SWA (2008) Type of occurrence classification system (TOOCS) 3rd Edition May 2008, accessed 25 August 2022.

UnionsACT (2021) Gendered-Violence-in-the-Workplace-2021-Report, accessed 25 August 2022.

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