No industry is immune - sexual harassment in the workplace

Despite the significant progress made by the #MeToo and Time’s Up movements, sexual harassment in the workplace continues to be a major challenge. A recent survey shows that 43% of respondents experienced sexual harassment, with 29% of incidents occurring in the workplace.

With the introduction of the Worker Protection Act (2023) in the UK, employers now have a legal obligation to proactively prevent workplace sexual harassment. This amendment shifts the focus from reactive measures to proactive prevention, following in the footsteps of Australian policy, such as the Workplace Gender Equality Act (2012). Both countries are making progressive moves to create safer work environments, emphasising the importance of preemptive action.

What is sexual harassment?
Under the Equality Act (2010) in the UK and The Sex Discrimination Act 1984 (SDA) in Australia, sexual harassment is defined as any unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating environment. Yet, many employees remain unaware of the full spectrum of what constitutes sexual harassment. A lack of understanding is a key challenge which must be addressed.

In Australia, Safe Work Australia provides guidelines on psychological safety, which includes preventing sexual harassment as part of broader workplace mental health initiatives. Similarly, ACAS in the UK supports employers in creating policies that comply with the latest legal obligations, providing resources and training for HR professionals to ensure their workplaces are legally compliant.

Why does sexual harassment happen?
Contrary to the simplistic view of harassment as stemming from attraction, research shows that power dynamics are the primary drivers. Whether due to hierarchical imbalances or broader societal factors, these dynamics allow harassment to thrive. In both the UK and Australia, marginalised groups - such as women, ethnic minorities, disabled individuals, and the LGBTQ+ community - are particularly vulnerable. For instance, 68% of disabled women in the UK report experiencing workplace sexual harassment, significantly higher than the average rate.

Workplace cultures that don’t actively address these power imbalances can perpetuate harmful behaviours. We must also recognise and challenge our often-narrow perception of the ‘typical harassment scenario’, namely the high-powered male perpetrator and subordinate female victim. This assumption fosters an environment where diverse forms of workplace harassment may go unrecognised or undermined. In a recent study, only 31% of women reported being harassed by someone of higher seniority, with the majority of instances occurring between those of similar levels. In fact, high-powered women may be at greater risk of harassment than their junior counterparts. This seemingly paradoxical phenomenon can be explained through ‘power-threat’ theory, where women, and other subverted minorities, face harassment from those of similar or lower seniorities as a way of ‘putting them in their place’. This equalising effect is most prominently experienced by those who do not conform to traditional expectations, such as female employees in stereotypically masculine fields.

What’s next for employers?
While the new legislation is a major step forward, employers must take proactive measures to ensure compliance and create safer environments.

Key actions include:

• Improving understanding: Provide regular training, ensuring employees are fully informed on what constitutes harassment. Tailored training, such as role-specific or sector-focused programs, can increase awareness and empower staff to report issues without fear.
• Addressing power imbalances: Build inclusive, transparent workplaces where power differentials are minimised. Encourage employees to speak up, and ensure that reporting systems are anonymous and accessible.
• Promoting diversity and inclusion: Workplaces with poor diversity are at higher risk for discrimination and harassment. Employers should invest in diversity, equity, and inclusion (DEI) initiatives that challenge systemic inequalities and promote psychological safety.
• Fostering accountability: Clear and swift action must be taken against perpetrators, regardless of their seniority. Establish structured processes for handling reports and ensure there are consequences for violations.

By fostering an inclusive culture, offering comprehensive training, and ensuring accountability, employers can drive meaningful change in their organisations.

At Enmasse, we specialise in helping organisations build positive workplace cultures. To learn more about how we can help your organisation contact us at enquiries@enmasse2.com or get in touch.

References:
https://assets.publishing.service.gov.uk/media/60f03e068fa8f50c77458285/2021-07-12_Sexual_Harassment_Report_FINAL.pdf
https://www.tuc.org.uk/sites/default/files/SexualHarassmentreport2016.pdf
https://www.deloitte.com/content/dam/assets-zone1/au/en/docs/services/economics/deloitte-au-economic-costs-sexual-harassment-workplace-240320.pdf
https://journals.sagepub.com/doi/pdf/10.1177/0003122412451728
https://www.tuc.org.uk/research-analysis/reports/sexual-harassment-disabled-women-workplace