- The Guardian
- Issue #2153
Last month the Australian Human Rights Commission (AHRC) released a report outlining urgent reforms with the aim of addressing workplace sexual harassment. The Speaking from Experience report reveals the systemic barriers faced by people who experience workplace sexual harassment. One of its most important recommendations centres around workplace transparency and protection of workers’ rights. This includes amending the Sex Discrimination Act 1984 and relevant industrial laws to restrict the use of confidentiality and non-disclosure agreements in workplace sexual harassment cases.
Confidentiality and non-disclosure agreements, not only gag the victim survivor, but facilitate cover-ups by employers. Other women, also subjected to sexual harassment by the same perpetrator, are unaware of the outcome, and that they are not alone. It serves to protect the perpetrator, most commonly a male co-worker or manager. Disclosure of the details – the perpetrator and the settlement – make it more likely other women will gain the courage to report their experiences. Women can find it hard to come forward, fearing they will be sacked or not believed.
As an interim measure it is also recommended that the Australian Human Rights Commission be resourced to update the Respect@Work Guidelines on non-disclosure and confidentiality agreements. The report also calls for an increase in funding for specialist support services and the introduction of civil penalties for employers who breach their Positive Duty under the Act.
“These solutions to prevent workplace sexual harassment come from listening to those who have lived it,” says Sex Discrimination Commissioner Dr Anna Cody. “We heard the experiences of more than 300 Australians from diverse backgrounds, who told us what needs to change in addressing workplace sexual harassment.” The 2022 National Prevalence Survey, a period that occurred post #MeToo, found that one in three women were still reporting they had experienced sexual harassment in the previous five years. “Workers shouldn’t have to choose between their safety and their livelihood,” Cody said on the Women’s Agenda Podcast.
“Workplace sexual harassment can affect every part of life, and people who experience it often have the least amount of power: those in insecure work, who are younger, on temporary visas, facing racism, ableism, homophobia, language barriers and other forms of discrimination.”
“The report calls for real action, accountability, and cultural shifts for everyone to be safe and respected at work. … what we heard over and over again was that people who had reported workplace sexual harassment and gone through a formal complaint process then felt silenced by having to sign a confidentiality agreement.
“They felt that they were the ones who then felt they were responsible in some way, and that there was a shame attached to them not being able to talk about it and not being able to necessarily discuss what happened with friends, family or counsellors.”
“If a workplace is serious about dealing with workplace sexual harassment – and they have to be under the positive duty and a range of other laws – then they should be talking about what steps they’re taking to eliminate workplace sexual harassment,” she said.
Those who’ve experienced workplace sexual harassment have different ideas of what they want to see happen after making a complaint that don’t necessarily include the harasser being dismissed, Dr Cody explains. “They want to know that they’ve been listened to, they’ve been treated with kindness and compassion, and that there is a consequence for the person who has been harassing them and that no one else has to go through it.”
The AHRC recommends that confidentiality agreements be included only if the person who has been sexually harassed actually wants it.
