“Workplace sexual harassment is not inevitable. It is not acceptable. It is preventable.“
Kate Jenkins
These are the words of former Sex Discrimination Commissioner Kate Jenkins.
Despite this sentiment, workplace sexual harassment is alarmingly prevalent. One in three people have experienced it in Australia in the past five years.
Prevalent but preventable – two words that are hard to reconcile. Particularly for our lawyers and social work team.
Our team has seen a number of young people coming forward with complaints of workplace sexual harassment, including clients under the age of 18.
SMLS can spend months helping clients navigate the complex legal system while they deal with the repercussions of workplace sexual harassment.
It is common knowledge that Australians spend most of their lives working. They rise early and arrive home late with the goal in mind of getting fair pay for a fair day’s work.
At the start of the year, some 13.8 million Australians were working according to the Australian Bureau of Statistics.
If you are reading this, there is a good chance that you may have worked before, you are currently employed, or could even be searching for work. You may be at work right now.
People go to work for several reasons, and everyone is motivated by different reasons to work – some to save money, others to develop their skills and many to simply put food on their table, pay the bills and keep a roof over their heads.
Most people’s expectations about work are quite simple – you are fairly compensated for your time, there may be an opportunity for some personal growth and development, but most importantly, you go to work with the trust, expectation, and belief that you work in a safe environment. A safe environment free from risk or hazard. It is simple.
When this trust is broken the consequences can be extremely devastating, distressing, and truly damaging.
Workplace sexual harassment is alarmingly prevalent. As we highlighted at the start of this blog the SafeWork Australia statistics are startling. The statistics show that as many as one in three people, or 33 percent, have experienced sexual harassment at work in the last five years.
Another alarmingly high figure is that only one in five who experience workplace sexual harassment make formal complaints, and only six percent of those people approach a lawyer for help.
SMLS has a program to try to address this. We are also running a campaign to promote our free legal assistance to those who have experienced sexual harassment at work.
Our message is simple: We believe you and we can help you.
The program aims to empower and support workers to navigate the complex, multijurisdictional and sensitive nature of workplace sexual harassment and discrimination claims, including assistance with advocacy and litigation.
Statistics have shown that young women and women from a culturally diverse background are particularly at greater risk of workplace sexual harassment:
- People aged 18 to 29 experienced the highest rates of workplace sexual harassment of all age groups (45%)
- Women of CALD backgrounds report experiencing sexual harassment at twice the rate of the surveyed population
To help reach women from diverse cultural backgrounds, our newly launched campaign has been translated into Mandarin, Sinhalese, Vietnamese, Punjabi and Hindi, reflective of the local population.
And our program is working. One example is when SMLS represented a young woman at conciliation, and our client demonstrated courage and resolve in sticking to her walkaway figure and insisting on the other party paying not just damages but also demonstrating accountability.
SMLS negotiated a substantial amount in terms of general damages, apology and the other party agreeing to get anti-discrimination and sexual harassment training for all staff to prevent sexual harassment and discrimination at the workplace.
It is important to know that employers now have a positive duty to stop sexual harassment following the amendments to the Sex Discrimination Act and Fair Work Act last year and it is vital this is taken seriously so workplace sexual harassment is prevented at all costs.
Everyday workers, everyday people can no longer suffer in silence, particularly in light of the #MeToo #LetHerSpeak and #TimesUp.
The AASH program is free and confidential. For anyone who is interested in more information or wants support, they can call: 9545 7400 or 9038 8002 between 9am & 4:30pm, or email info@smls.com.au
