By Jason Scott
Mining giants BHP and Rio Tinto allowed environments on their Australian mining sites where female staff faced systemic sexual harassment and gender discrimination, according to two class actions filed on Wednesday.
Among other accusations, the suits argue that the world’s two largest miners sent female staff to remote sites knowing there was a high risk of personal danger, and then punished them with demotion, dismissal or discrimination when they reported it, the legal firm representing the women, JGA Saddler, said in a statement.
Rio Tinto is struggling to overhaul its troubling workplace culture.Credit: Bloomberg
The class actions are being backed by global litigation funder Omni Bridgeway. Under the Anti-Discrimination Act an employer is liable if they “permit” a woman to work in an environment where they will likely be exposed to sexual harassment and discrimination, JGA Saddler said.
“We have heard reports of everything from unwanted touching and sexual harassment to rape, violence and physical threats,” lawyer Joshua Aylward said in the statement.
“These class actions will give a voice to these women, many of whom have been too afraid to speak out for fear of losing their jobs or workplace reprisals.”
The companies issued separate statements after the class actions were filed. BHP said, “we deeply regret and apologize unreservedly to anyone who has ever experienced any form of harassment,” adding it had invested $US500 million to improve safety and security of accommodation villages. Rio said it was treating the allegations with “the utmost seriousness”.
A report released last month by Rio showed 39 per cent of workers surveyed by the world’s second-biggest miner had experienced bullying within a 12-month period, up from 31 per cent in 2021.
BHP had 417 reports of sexual harassment in the year to June.Credit: WAtoday/Supplied
Two years after Rio pledged to address toxic cultures that were deterring females and non-caucasians from the mining industry, details from a survey of more than 10,000 employees laid bare the challenges it still faces.
The rates of sexual harassment and racism that respondents reported were unchanged from three years before, affecting 7 per cent of those surveyed from workers in nations including Australia, US, Canada, Mongolia and New Zealand.
Meanwhile, BHP had 417 reports of sexual harassment in the year to June.
In 2022, the government of Western Australia – the nation’s key resources state with massive iron ore and liquefied national gas projects – released its own landmark inquiry.
The government report uncovered dozens of shocking cases of alleged sexual harassment and abuse of women workers at companies including Woodside Energy, Fortescue, and Chevron.
The industry has seen pressure increasing from investors, governments and society to address its impacts on local communities and the wider environment. A focus has been creating a safer work environment for women and minorities, particularly at remote mining sites where so-called “fly-in fly-out” staff are based for several weeks at a time.
JGA Saddler didn’t say in its statement how many women were currently involved in the class actions. It said women who were subject to harassment or discrimination while working at a BHP or Rio workplace since November 2003 were eligible to participate, and the companies will be legally required to contact all female staff with details on how to join the class actions.
Class actions have existed in Australia for the best part of three decades and are becoming more common in legal regimes outside the US. They allow private individuals to come forward on behalf of a group, usually to demand some form of financial relief.
About 15 class actions are filed in Australia’s Federal Court every year, according to a 2018 government-backed report. It found that between 2004 and 2017, 60 per cent of proceedings were resolved through a judicially-approved settlement agreement, 11 per cent were dismissed by the court, and the balance were discontinued before a finding.
--With assistance from Sybilla Gross and Paul-Alain Hunt.
Bloomberg L.P.
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clarification
This story has been updated with comments from BHP and Rio Tinto.