Despite the pervasiveness of sexual harassment in Australian workplaces, studies have shown that only report the abuse.
One in three people have been sexually harassed at work over the last five years, according to a by the Australian Human Rights Commission.
Those most likely to experience sexual harassment in the workplace are young workers aged less than 30 years, those from CALD communities, LGBTIQ+ workers, migrants and Aboriginal and Torres Strait Islanders.
When the inquiry was released last year there was a around how the government could make workplaces safer.
At the time, Attorney-General Christian Porter and the Minister for Women Marise Payne said the Government would carefully consider the report and its recommendations.
“No-one should have to suffer sexual harassment at work, or in any other part of their lives,” their statement read.
This discussion has resurfaced this week after young Liberal staffer, Brittany Higgins alleged she was raped by a senior staffer at Parliament House in 2019.
As reported by news.com.au, Ms Higgins claimed after the alleged rape she was called to a meeting with the Minister for Defence, Linda Reynolds, in the same office where it occurred.
At the time, Ms Higgins said she did not press police charges as she was worried it would impact her job.
Liberal Staffer Brittany Higgins. Source: SBS News
"We were already coming up against so many blocks and I realised my job was on the line. I didn't feel like I had a choice," Ms Higgins said.
"There is a strange culture of silence in the parties … The idea of speaking out on these sorts of issues, especially around an [election] campaign, is just like letting the team down, you are not a team player,” she added.
Maria Nawaz, acting head of strategic litigation at Grata Fund, said sexual harassment covers a broad range of conduct from jokes and inappropriate physical conduct to sexual assault.
“In workplaces where people work long hours, there aren't clear complaint processes and where it's clear complainants won't be supported if they report sexual harassment, that creates a workplace culture that isn’t safe,” Ms Nawaz told The Feed.
“If there's a culture where no one calls out this behaviour when it’s seen to occur, that starts to build a toxic culture, where perpetrators aren't adequately disciplined,” she added.
Sharmilla Bargon is an employment lawyer at Redfern Legal Centre. She told The Feed that gender equity is a driver of sexual harassment.
Brittany Higgins (L) alongside Michaelia Cash (R) at Parliament House in Canberra. Source: Supplied
The majority of those who experience sexual harassment at work are women, while four-fifths of those who perpetrate the abuse are men, according to the .
Ms Bargon said sexual harassment is more likely to happen in male-dominated industries including mining, construction and transport.
“Sexual harassment is an abuse of power,” Ms Bargon said.
“Women are more likely to be harassed in hierarchical workplaces. This is part of the reason we see women in more junior roles being particularly vulnerable to harassment,” she added.
Ms Bargon said as a lawyer she’s seen multiple cases of perpetrators going unpunished.
One in three people have been sexually harassed at work over the last five years. Source: Getty Images
She said that’s despite women’s reports of serious sexual harassment being substantiated by police and internal workplace investigations.
“In those cases, nothing has happened against the perpetrator because they’re a senior member of staff, they’re meeting KPIs, so no action is taken against them,” she added.
She also believes confidentiality agreements between a victim and an employer or perpetrator can allow the abuser to repeat the same inappropriate conduct “again and again”.
Ms Bargon said victims do not have to wait for a decision to be made by their employer before seeking legal action, particularly as most sexual harassment cases must be brought within six to 12 months.
She added in the last six or seven years, the courts have been finding higher awards of damages in sexual harassment cases. She said one victim was awarded $170,000 last year, whereas the previous range had been $20,000-$40,000 in damages.
Victims of sexual harassment can bring forward cases even before a workplace finalises their internal investigation. Source: Public Domain
However, Ms Bargon said she believes there must be a paradigm shift in the way we view sexual harassment.
“You have to bring civil proceedings on your own costs, time and energy,” Ms Bargon said.
“[At a federal level], in our experience, unsuccessful applicants can be made to pay the legal fees of the alleged perpetrator and it's a real barrier for these people to commence litigation even when their matters have strong merit,” she added.
Prime Minister Scott Morrison said on Tuesday that Ms Higgins’ story is a “wake up call” and he will now appoint an expert to work on workplace culture at Parliament House.
Prime Minister Scott Morrison at a press conference to answer sexual assault allegations made by staffer Brittany Higgins. Source: AAP
Ms Higgins welcomed “a long overdue” investigation but called for an additional review into the laws that govern ministerial workplaces.
“There needs to be an independent reporting mechanism for staff where they can confidently and safely make complaints – similar to processes in many other workplaces in Australia and abroad,” she said.
Ms Nawaz agreed that more must be done, for starters, she urged the Government to implement all of the recommendations in the national inquiry.
“We need a shift from this complaint based approach to where we place a positive duty on employers to take all reasonable steps to prevent sexual harassment from occurring in the workplace.”
She also said a trauma-informed approach which includes “proper counselling services” should be implemented to “properly support” survivors of sexual harassment.
“That might include things like a referral to proper counselling services, which are actually accessible, not just providing a phone number, and a pamphlet, like we heard happened with Brittany Higgins,” Ms Nawaz added.
Ms Bargon said complainants have to know they’re going to be listened to, and perpetrators have to know they’re not going to be protected.
“Everyone in the workplace needs to understand what constitutes sexual harassment, and that bystanders are expected to speak up.”
