Creating respect at work: A proactive approach
Founder of Elevate Consulting Partners and leading Human Rights & Discrimination Lawyer
Organisations are increasingly recognising that sexual harassment, bullying and discrimination in the workplace are not just moral and legal issues, but also significant business risks. These problems can damage a company's reputation, hinder productivity, and make attracting and retaining talent difficult. Despite this awareness, allegations of sexism, misogyny and workplace sexual harassment continue to dominate headlines worldwide.
In Australia and the UK, a new positive duty legal obligation mandates a proactive approach to tackling sexual harassment and promoting gender equality. Rather than merely reacting to incidents of workplace sexual harassment, the positive duty law requires employers to take proactive steps to prevent the behaviour before it occurs.
This seismic shift from reactive to proactive is crucial in creating safe, respectful and inclusive environments where all individuals can thrive. However, the real challenge lies in how we implement our positive duty obligations to eliminate workplace sexual harassment and drive meaningful cultural change.
The Australian Human Rights Commission has published detailed guidance on how organisations can meet their positive duty obligations by taking action in seven areas: (1) leadership, (2) culture, (3) knowledge, (4) risk management, (5) support, (6) reporting, response and monitoring, and (7) evaluation and transparency.
As a lawyer and founder of a workplace culture consulting practice, I work with organisations in various industries to help them better comply with positive duty and strengthen culture. Through this work, I’ve identified three key actions that are critical to fostering safety, respect, and inclusion.
Three critical approaches to creating safe, respectful, and inclusive workplaces
Creating a safe, inclusive, and respectful workplace requires more than just policies; it demands proactive, intentional actions that address harmful behaviors before they escalate. Here are three key areas where organizations should focus their efforts to drive meaningful cultural change and meet their positive duty obligations.
1. Foster a speak-up culture
One of the greatest obstacles to eliminating harmful workplace behaviors is the silence that follows most incidents, with most people choosing not to speak up. In my experience working on cultural reviews in over fifteen companies, I've seen that only around 2-10% of people report behaviours like sexual harassment, bullying, or discrimination. But how can organisation address what they aren’t aware of?
The big question is, “Why aren’t people speaking up?” Often, it’s because they think the issue isn’t severe enough, they are worried about reprisals, or they don’t have trust and confidence that the organisation will handle it properly. That’s why building a strong speak-up culture is so important. When employees feel empowered to speak up, it makes it easier for organizational leaders to identify and resolve problems early on – which is the whole point of positive duty.
Organisations can help cultivate a strong speak-up culture by making it easy and safe for people to report issues. They can do so by providing multiple reporting pathways, including an anonymous option. This year, I created Australia’s first independent reporting and wrap-around support platform, which I designed to be trauma-informed and culturally safe to disrupt the cycle of underreporting.
I always tell my clients that an increase in reports is a positive sign of change – it means your systems are working, and eventually, as behaviour and attitudes shift, those numbers will go down. A strong speak-up culture benefits everyone, giving organisations the insights they need to improve workplace culture and address deeper, systemic issues.
2. Embed an intersectional approach
In addition to gender inequity, intersectional discrimination is a significant factor driving workplace sexual harassment. An intersectional approach helps us understand that inequality in the workplace isn’t caused by a single aspect of identity, but by how different aspects of a person's identity intersect and overlap. These overlapping identities – such as gender, race, ethnicity, sexual orientation, and disability – can combine to create unique forms of discrimination and vulnerability.
For example, a woman who is also a migrant, a member of the LGBTQI+ community, and/or living with a disability may face compounded challenges. Her experience of sexual harassment may be intensified due to multiple forms of discrimination. She may be subjected to stereotypes about both her gender and her race, or encounter barriers in reporting and seeking support because of cultural, linguistic, or accessibility issues.
By taking an intersectional approach, organisations can better address these complexities, ensuring that policies and support systems don’t take a one-size-fits-all approach and are instead inclusive and effective for everyone. This ensures that the measures to prevent and respond to harmful workplace behaviours are as diverse and nuanced as the people they’re meant to protect.
3. Strengthen education and training
There is a low level of understanding in the community of what constitutes sexual harassment. In a 2022 Australian national survey, 28% of people who initially said they had been sexually harassed based on the legal definition went on to report experiencing sexual harassment behaviours in the future.
Sexual harassment can take many forms, ranging from subtle, everyday sexism to more serious acts like sexual assault. It's crucial for everyone to recognise that even seemingly harmless comments, jokes, or banter may constitute sexual harassment. It's essential to address this kind of behavior early on, as what may seem like 'low-level' or minor actions can actually lay the groundwork for more serious misconduct to develop over time.
Organisations need to invest in high-quality, evidence-based education and training to raise workers' awareness of harmful workplace behaviours, their roles and responsibilities, and, importantly, how to be upstanders. One-off compliance-based training is not effective in shifting attitudes and behaviours.
When it comes to education, the emphasis shouldn't just be on how often formal training or learning happens. Instead, what really matters is the quality, accessibility, and effectiveness of the education. It's also important that leaders consistently and regularly reinforce these messages to ensure they genuinely resonate and make a difference.
Build a better, more respectful world of work
It's clear that creating a respectful and inclusive workplace isn't just about ticking legal boxes – it's about doing what's right for your people and your business. The move towards a proactive approach is a game-changer, offering a unique opportunity to build a culture where everyone, regardless of background or geography, feels safe, respected, and valued.
By focusing on fostering a strong speak-up culture, embracing intersectionality, and delivering impactful education, we can start to see real change. It's not just about meeting obligations; it's about setting the stage for a truly diverse, equitable, and inclusive workplace where everyone can truly thrive. And that, ultimately, benefits us all.
