Employees should never have to work in an environment where they are harassed or discriminated against. Harassment is any unwanted behaviour towards a person that offends, humiliates or intimidates. This can materialise in many ways, including sexual, physical and verbal harassment.
As an employee, you are also protected against workplace discrimination. This refers to when an individual is targeted at work due to a personal characteristic, such as their age, race, disability or sex. These can both have devastating effects on workplace morale, with employers holding a responsibility to take all available measures to prevent this behaviour from happening.
What is Harassment in the Workplace
Workplace harassment is any unwanted behaviour towards a person or colleague that offends, humiliates or intimidates you or creates a hostile environment. Unlike Australian laws around bullying, which are based on repeated behaviour, harassment can be just a one-off incident. It also doesn’t matter your gender, age or position; anyone can be harassed within a workplace.
Consequences for workplace harassment can be contract termination, fines or imprisonment for the perpetrator. The employer may also be at risk of fines or legal action from the Fair Work Act, unless they can prove they took all reasonable steps to prevent harassment from occurring.
Examples of Workplace Harassment
Workplace harassment can manifest itself in many forms. The following are five examples of inappropriate touching you may experience in the workplace:
- Sexual harassment
A common form of harassment within a workplace, sexual harassment is unwelcome, offensive or hostile behaviour of a sexual nature. Although it can be a one-time incident, it can also be a pattern of behaviour over time. Sexual harassment may present itself in the form of asking for sexual favours, or making suggestive innuendos or remarks. It can be an overt action like groping, or subtle like staring inappropriately at a colleague. Sexual harassment can be in person, in written form or online. - Verbal bullying
This can include where insulting or abusive language is used from one colleague to another. It could be when an employee raises their voice, or makes negative comments about a colleague’s work performance, personality or physical appearance. These unwanted verbal attacks can contribute to a workplace environment that’s hostile and disrespectful. - Stalking
Any unwanted actions that involve following or repeatedly contacting another employee that create fear or distress. Although we often think of stalking as a physical action, this can also extend to the digital realm, with excessive messaging or online monitoring. - Physical harassment or violence
These can include any unwanted physical actions, such as touching, hugging, or even acts of assault or violence that contribute to a hostile work environment. Importantly, these actions don’t have to be between two employees to constitute harassment. It could be destroying property or throwing an employer’s personal belongings around. If it makes the victim feel offended, uncomfortable or injured, the physical behaviour is unacceptable at work. - Isolation
When an employee is regularly excluded, this can represent a form of workplace harassment. Also referred to as social bullying, isolating an employee can be a subtle action that makes them feel unwelcome within a team. It could be work events or meetings where an employee isn’t invited. This exclusion can hinder an employee’s career progression and foster a feeling of alienation.
What is Discrimination in the Workplace
Workplace discrimination is the unfavourable treatment of a person, or a group of employees, because of their background, or particular personal characteristics. Discrimination can occur at any stage of employment, from the interview process to being hired and promoted.
Workplace discrimination can be unlawful under the Fair Work Act when it pertains to one or more of the following attributes:
- race
- colour
- sex
- sexual orientation
- breastfeeding
- gender identity
- intersex status
- age
- physical or mental disability
- marital status
- family or carer’s responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin
- experiencing (or having experienced) family and domestic violence.
Examples of Workplace Discrimination
Like harassment, discrimination can take many forms within a workplace setting. These commonly include the following:
- Discrimination based on race
Racial discrimination is an unjust treatment of a person due to their country of origin, ethnicity, skin colour or race. This can manifest itself within a company’s hiring process, where candidates are treated unfavourably or viewed as less qualified based on prejudices against their racial background. Workplace racial discrimination can also present itself in moments between employees, such as someone making inappropriate comments about a colleague based on racial stereotypes. - Discrimination based on sex
Occurs when workplaces treat an employee differently because of their gender. This form of discrimination can take many forms. For instance, within positions of leadership, an employer may favour male candidates for managerial promotions. This remains a challenge for workplaces, with women representing just 22 per cent of CEOs, 37 per cent of key management personnel and 42 per cent of managers in Australia. - Discrimination based on age
Employees of all ages have the right to be treated fairly at work, as protected under the Age Discrimination Act 2004. Although ageism may still present itself in many ways. For example, an employer may feel an employee’s ability to perform is being diminished due to their age, which may result in them being treated differently. You may also be a younger candidate who is passed over for a leadership role because you’re viewed as being too inexperienced or immature. - Discrimination based on disability
All employers have a responsibility to treat their disabled workers respectfully, where they provide a supportive environment with equal pay and opportunities to work. Discrimination can occur when an employer fails to uphold these standards. For instance, if an employer hires a disabled employee but fails to make any reasonable accommodations, such as modified work schedules or assistive software, to support their employment.
Impact of Workplace Harassment and Discrimination
The potential impacts of discrimination and harassment can be damaging to both your fellow employees and the broader business itself. These may include:
- Mental Health
Actions that make an employee feel humiliated or uncomfortable may lead to damaging effects on their mental health and well-being. Employees subject to these unreasonable behaviours may experience anxiety, depression and a lower sense of self-worth. Within more severe cases, this can cause Post-Traumatic Stress Disorder (PTSD), with intrusive thoughts and avoidance behaviours. These can all affect engagement and their ability to work productively. - Impact on Career
When harassment and discrimination are intended to disadvantage an employee, this can put up roadblocks to their career progression. This can lead to decreased morale and productivity, where employees feel they aren’t being sufficiently rewarded for their output. - Productivity & Morale
Within a negative environment, where employees may be struggling with the psychological toll of harassment and discrimination, productivity and morale may be reduced. If an employee is constantly worrying about navigating a hostile working environment, this can take away from their ability to concentrate effectively and perform their tasks. - Staff Turnover
It can be difficult to maintain workplace morale when discrimination and harassment disrupt the working environment. When employees don’t enjoy or feel comfortable within their working environment, this can promote more absenteeism, which can erode employee loyalty and lead to greater staff turnover. - Reputation
When a business struggles with maintaining its employees’ long-term due to a bad environment, this can quickly destroy its reputation. This can set a poor public image, which may create negative publicity that makes it difficult to attract new employees. - Financial Costs
If an employer fails to establish clear policies and safeguards for employees, they may face legal challenges under the Fair Work Act. Not only are these potentially embarrassing, but they can drive up costs for legal fees.
What Can Employees Do If They Experience Harassment and Discrimination At Work?
- Process your emotions, and consider your response
Work should always be a place where you can feel respected and supported. Incidents where you feel harassed or discriminated against can break this trust, which can put a strain on your personal well-being. It is important that you take a moment to process the action and how it made you feel before considering your response. Seeking support from a trusted colleague and discussing what you’re going through can help you process your emotions. - Gather Evidence
Try to maintain a record of when incidents of harassment or discrimination occur. Gather evidence related to dates, exact times, locations and any details of what transpired. Including available witnesses to the incident will also be important, where possible. When submitting a complaint, this evidence will be vital. - Report to your employer
Voice your concerns to your employer. Depending upon the nature of your workplace, this may involve talking to your manager, human resources department, or supervisor. Provide the evidence gathered in step two to support your complaint. - Use outside bodies if needed
If you feel your employer is not taking your complaint seriously, you may choose to escalate the issue to outside bodies. Familiarise yourself with your legal rights as a worker, and how you’re protected under Australian law. For instance, if you believe you have been sexually harassed, you are protected under the Fair Work Act 2009 and the Sex Discrimination Act 1984, which both specifically address sexual harassment. These laws also provide you with the right to complain to the Australian Human Rights Commission, with different law bodies providing their own channels for workers to submit complaints and receive support. - Other support
If you need support through this process, particularly if you are seeking outside bodies for assistance, seek advice from a workplace lawyer. They are trained specifically to give you guidance on your next steps and the different legal options available to you. You can also reach out to JobWatch, which is an independent, employment rights centre that can provide support and advice to all workers in Victoria, Queensland and Tasmania. You could also contact a union representative for advice on how to resolve any complaints.
How to Prevent Harassment and Discrimination at Work
Employers have a responsibility to take measures that protect their employees from any harassment and discrimination at work. This should include:
- Provide Regular training
Organise regular training and education sessions for employees and people in leadership positions, on how to spot cases of discrimination and harassment and strategies to respond. Particularly important for managers or employees in supervisory positions, who are responsible for setting the tone in a workplace. Some laws may require employers to conduct training programs on a regular basis. For instance, under the Sex Discrimination Act 1984, employers have a positive duty to prevent unlawful harassment with the appropriate education. - Establish channels for reporting
Encourage employees to report any incidents of harassment or discrimination, and establish effective and transparent communication channels. Ideally, you should have more than one option that allows employees to report incidents, which can ensure that one supervisor cannot hide issues from Human Resources, or vice versa. These incidents should be treated seriously, with investigations carried out swiftly, to let employees know there is a zero tolerance for any of these behaviours. - Foster a respectful and diverse culture
Take steps to promote a working environment that values teamwork, cooperation and positive inclusion amongst employees, regardless of background. Conducting team-building activities or events that allow employees to interact and understand each other can be a great way to encourage diversity, with activities that build teamwork. It can also involve celebrating inclusivity where possible, with policies that support discrimination victims, or awareness against sexual harassment. These steps show your employees that you care about their lives and the wider issues affecting workplaces. - Monitor and review
Internal reviews are vital to safeguarding your employees and providing a pleasant and productive atmosphere. Check in with your team leaders and managers to ensure they feel confident in responding to any incidents of harassment or discrimination. Conduct reviews of all parts of your business, from your recruitment process to promotion strategy, to spot any potential issues. These processes of monitoring and reviewing help to ensure a positive workplace environment is continually maintained. - Seek external advice
If you are unsure of how to approach any of these steps as an employer, reach out for advice. Contacting experts, such as Positive Duty, can help you identify any blind spots within your workplace’s strategy to find opportunities for improvement.
Any incidents of harassment and discrimination can be harmful to a working environment. It can exacerbate mental health challenges and lead to a toxic workplace, with high staff turnover and absenteeism. Employers should take all available measures to foster a respectful and inclusive space, where each employee is valued individually and any incidents are dealt with promptly and seriously. If you’re looking to take a step towards creating a more inclusive and admirable workspace, please reach out to the experts at Positive Duty to learn more.