New data reveals how far Australian workplaces still have to go on harassment

In 2020, I published the Respect@Work Report, which looked into the prevalence of sexual harassment within Australian workplaces.

One of the key lessons at the time was that when employees made complaints to their employers, leaders often thought of how they should respond. But it was evident that there was still much more they could do to prevent the conduct in the first place.

Former sex discrimination commissioner Kate Jenkins says encouraging results leave room for improvement. Credit: Arsineh Houspian

The report came off the back of a national inquiry, in which I read hundreds of submissions from Australians working across all sectors and at all company levels experiencing harassment or discrimination within their workplaces.

We heard reports from employees of a “take a joke, get along, don’t be a whinger” culture that was pervasive throughout many workplaces. Their stories illustrated the entrenched issues that came together to contribute to an environment in which workers felt compelled to tolerate harassment and discrimination rather than report it and risk losing their jobs.

For employers, we found they were focused on responding to complaints of sexual harassment, with little effective action by leaders to prevent the conduct.

A key outcome from that was to expand the information we collect about how workplaces are implementing strategies to prevent or respond to sexual harassment and discrimination. This is essential if we are to understand what works, what doesn’t and how to ensure workplaces meet legal responsibilities to keep employees safe.

Four years on from the report’s release, the first results of this expanded data collection are being made public. Released by the Workplace Gender Equality Agency today, this data comes at a pivotal moment for Australian workplaces as the national agenda shifts employer attention towards their approaches to prevention.

I have been heartened by the significant progress on sexual harassment reform since our report was published in 2020 – in funding, law reform, regulatory practices, resources and supports.

The WGEA’s results are encouraging. The data demonstrates a fundamental shift in employer attitude is already under way as they expand beyond a narrow focus on response and towards prioritising prevention.

For example, 95 per cent of companies have processes in place to allow for disclosure, investigation and management of sexual harassment in the workplace, and 91 per cent of companies have a statement on the positive duty of the employer to provide a safe workplace free of sexual harassment and discrimination. A similar share have established leadership accountabilities and responsibilities for prevention and response.

But the results also show there is still much room for improvement and spotlights where engagement, communication and understanding of policies or strategies – particularly at a leadership level – is lagging.

While WGEA results show 91 per cent of CEOs have communicated their expectations on safety and respectful and inclusive workplace conduct, only 17 per cent of CEOs communicate this more often than annually, and only 9 per cent of CEOs communicate their expectations before major events such as Christmas parties.

What’s more, only 55 per cent of boards reviewed their company policies on sexual harassment and discrimination within the last year. And while 88 per cent of Australian employers are providing staff training, the training is not always occurring at all levels of the organisation, with only 39 per cent of governing bodies receiving training annually and just 4 per cent receiving training more than once a year.

A key finding of the inquiry in 2020 was that Australian workplace laws relied on the bravery of victims complaining. But, in reality, fewer than one in five people who were harassed at work went on to make a complaint.

This is why, in 2022, new positive duty legislation that included the seven standards was introduced. These standards include fostering a respectful and safe workplace culture, developing and communicating workplace knowledge of policies and expectations, taking a risk management approach that prioritises prevention and response, ensuring reporting and response options are appropriate and up-to-date, and that monitoring, evaluation and transparency are priorities.

The No.1 standard within the seven, though, is leadership – understanding obligations and regularly reviewing policies, setting clear expectations, showing their commitment to improvement and role modelling change.

Over the years, every employee I have spoken to who has worked in a safe and respectful workplace tells the same story: trusted and engaged leaders are the most important factor in preventing inappropriate conduct.

Among the leadership structure, the most important is always found to be the direct line manager. Despite this, WGEA’s results show just 14 per cent of CEOs were found to have set clear expectations for line managers to communicate on respectful behaviour within the workplace.

Even the best human resources staff can’t counteract the effect of leaders who are silent, dismissive or behave inconsistently. Nicely drafted policies only work for as long as they are front of mind among all levels of staff and are being followed.

These new results are the first time that we have had such detailed insights on employer approaches to prevent and respond to sexual harassment and discrimination in the workplace.

While I welcome the efforts that have been made in ensuring people feel comfortable and safe to speak up in the workplace, leaders must also recognise that this is not prevention – effective avenues for response are only one part of the solution.

Kate Jenkins was Australia’s sex discrimination commissioner between 2016 and 2023. During her term, she led the National Inquiry into Sexual Harassment in Australian Workplaces that delivered the Respect@Work Report.