Reducing risk of sexual harassment: a positive duty of care
Elizabeth Shaw A *A
Elizabeth Shaw is a Partner at PwC, advising organisations on diversity, inclusion, people, change and culture. She has worked across various industries including resources, government, and financial services, and led pro-bono work for the Champions of Change. Prior to her work in consulting, Beth worked as a lawyer, was the Deputy Chair of The Australian Inclusion Group and the President of UN Women Australia. Beth is currently a Board Member of the Stella Prize, has published widely on diversity issues, including in The Australian and the Australian Financial Review and presented at the UN Commission on the Status of Women in New York. Beth’s work driving change across multiple sectors was recognised by WA Business News, which presented her with the Professional Services Award at the 2018 40Under40 Awards and the Australian Financial Review who recognised Beth as one of Australia’s 100 most influential women. |
Abstract
The oil and gas sector has made progress towards becoming safer and more respectful for all employees. However, recent public reports, including the Western Australian Parliament’s ‘Enough is Enough’, and increasing engagement from National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), continue to demonstrate that sexual harassment remains pervasive across the industry – 32% of people still experience sexual harassment in their workplace. The social, physical, psychological, and financial costs of sexual harassment are devastating, both to individuals and employers. The damage can carry long-term business and reputational consequences. All Australian employers are under a new, legally enforceable positive duty to take ‘reasonable and proportionate measures’ to prevent sexual harassment. It requires proactive steps to ensure sexual harassment is prevented from happening in the first place. Vicarious liability provisions have been expanded so that employers can now be held accountable – even if no complaints are lodged. Employers require a clear framework to ensure they are meeting their positive duty obligations. There are three key areas that can enable the oil and gas sector to strategically leverage their compliance activities, maximising benefits for their business and for their people. These key areas include: (1) capability and engagement of leaders and management; (2) understanding the risk factors and drivers of sexual harassment for the industry, and for individual organisations; and (3) understanding employee experiences of psychological safety, culture, and behaviours.
Keywords: culture, equality, gender, leadership, physical risks, positive duty, psychological safety, psychosocial risks, respect at work, risk management, sex discrimination act, sexual harassment, workplace behaviours.
Elizabeth Shaw is a Partner at PwC, advising organisations on diversity, inclusion, people, change and culture. She has worked across various industries including resources, government, and financial services, and led pro-bono work for the Champions of Change. Prior to her work in consulting, Beth worked as a lawyer, was the Deputy Chair of The Australian Inclusion Group and the President of UN Women Australia. Beth is currently a Board Member of the Stella Prize, has published widely on diversity issues, including in The Australian and the Australian Financial Review and presented at the UN Commission on the Status of Women in New York. Beth’s work driving change across multiple sectors was recognised by WA Business News, which presented her with the Professional Services Award at the 2018 40Under40 Awards and the Australian Financial Review who recognised Beth as one of Australia’s 100 most influential women. |
References
Australian Human Rights Commission (AHRC) (2022a) Time for respect: fifth national survey on sexual harassment in Australian workplaces. Available at https://humanrights.gov.au/time-for-respect-2022 [Accessed 16 February 2024]
Australian Human Rights Commission (AHRC) (2022b) Fact Sheet: Respect@Work – Changes to the Sex Discrimination Act 1984 and the Australian Human Rights Commission Act 1986. Available at https://humanrights.gov.au/our-work/complaint-information-service/fact-sheet-respectwork-changes-sex-discrimination-act-1984-ahrc-act-1986-december-2022 [Accessed 16 February 2024]
Australian Human Rights Commission (AHRC) (2023a) Guidelines for complying with the positive duty under the Sex Discrimination Act 1984 (Cth). Available at https://humanrights.gov.au/sites/default/files/2023-08/Guidelines% 20for% 20Complying% 20with% 20the% 20Positive% 20Duty% 20% 282023% 29.pdf [Accessed 16 February 2024]
Australian Human Rights Commission (AHRC) (2023b) The Guiding Principles: Person-centred and Trauma-informed Approaches to Safe and Respectful Workplaces. Available at https://humanrights.gov.au/sites/default/files/factsheet_-_person-centred_and_trauma-informed_approaches_to_safe_and_respectful_workplaces_0_0_0.pdf [Accessed 16 February 2024]
Crivatu IM, Horvath M, Massey K (2023) The impacts of working with victims of sexual violence: a rapid evidence assessment. Trauma, Violence & Abuse 24, 56-71.
| Crossref | Google Scholar | PubMed |
Edmondson A (1999) Psychological Safety and Learning Behavior in Work Teams. Administrative Science Quarterly 44, 350-383.
| Crossref | Google Scholar |
Grailey K E, Murray E, Reader T, Brett S J (2021) The presence and potential impact of psychological safety in the healthcare setting: an evidence synthesis. BMC Health Services Research 21, 773.
| Crossref | Google Scholar | PubMed |
Smith D G, Johnson W B, Graham Lee K, Thebeau J (2022) Research: men are worse allies than they think. Harvard Business Review, 7 October. Available at https://hbr.org/2022/10/research-men-are-worse-allies-than-they-think
Woods C (2023) New positive duty powers for Human Rights Commission. Law Society Journal, 12 December. Available at https://lsj.com.au/articles/new-positive-duty-compliance-powers-for-human-rights-commission/#:~:text=This% 20is% 20an% 20important% 20shift,to% 20create% 20safe% 2C% 20inclusive% 20workplaces
Workplace Gender Equality Agency (WGEA) (2023) Data Explorer – Industry Results. Available at https://www.wgea.gov.au/data-statistics/data-explorer
Zheng W, Kim J, Kark R, Mascolo L (2023) What makes an inclusive leader? Harvard Business Review, 27 September. Available at https://hbr.org/2023/09/what-makes-an-inclusive-leader
