WorkSafe Victoria – Gendered Violence
“It comes in many forms”
Work-related gendered violence is a serious occupational health and safety issue.
A guide for employers
Work-related gendered violence
including sexual harassment
“This campaign ensures employers know their obligations and workers understand that they have rights under the OHS Act,” says WorkSafe Executive Director External Affairs, Sam Jenkin.
WorkSafe Victoria
To increase public awareness of gendered violence at work as an occupational health and safety issue, WorkSafe has launched a new public education campaign. Any behaviour that puts someone’s health and safety in danger because of their gender, sexual orientation, or refusal to fit into gender stereotypes is considered work-related gendered violence. It might involve coworkers, managers, clients, or customers, and it may entail stalking, verbal abuse, inappropriate comments or gestures, as well as threats or physical violence. The creation of standards that provide a safe working environment for all employees is required by your OHS duties as an employer or person in charge of a workplace.
Employers have a duty to protect their employees
Gender-based workplace violence must be avoided and addressed, and employers must take responsibility. Here you will find tools to help you prevent and handle gendered violence at work, as well as support for health and safety representatives.
Gender-based violence at work can happen to everyone, but some situations make it more likely for certain groups of people. In a Victorian poll, more than 60% of women stated they had experienced gendered violence at work and felt unsafe there (VTHC). According to an Australian Human Rights Commission (AHRC) poll on sexual harassment, women are more likely than men to endure sexual harassment at work, and they are also more likely to face sexual harassment that ends in serious intimidation or great offence.
Gender-based violence at work and the law
According to the Equal Opportunity Act of 2010 and the Occupational Health and Safety Act of 2004, employers, and employees have certain responsibilities regarding work-related gendered violence (including work-related sexual harassment). Criminal law may also apply to actions like indecent exposure, stalking, sexual assault, and obscene or threatening communications (such as calls, letters, emails, texts, and posts on social networking sites). Victims may choose to contact the police to report criminal offences.
Employers’ obligations under the Occupational Health and Safety Act
According to the Occupational Health and Safety Act of 2004, companies are required to provide and maintain a work environment free from harm to their employees’ health (OHS Act). Any staff members who work for independent contractors are considered employees. Employers must reduce any hazards to the health and safety of their workers. Risks must be minimised as much as is practically possible if they cannot be completely eliminated. In addition to providing workers with the knowledge, instruction, and guidance they require to do their responsibilities without endangering their health, employers are required to establish and maintain safe working conditions.
Duties under the Equal Opportunity Act
Gendered violence at work may be construed as sexual harassment, unlawful discrimination, or victimisation (handling someone unfavourably because they have made or may make a complaint) under the Equal Opportunity Act of 2010. (EO Act). The EO Act requires employers to desist from sexual harassment and discrimination and to take all necessary steps to do so. If someone harasses or discriminates against another person at work, that person may be held accountable and hence held legally liable for their acts. Employers may also be held legally accountable for sexual harassment or discrimination that takes place at work or during an employee’s employment. This is known as vicarious liability.
More information on dealing with discrimination or sexual harassment.
What does workplace gender violence mean?
Work-related gendered violence is any behaviour that endangers someone’s health and safety that is motivated by or has an effect on someone’s sex, gender, sexual orientation, or refusal to fit into socially prescribed gender norms. This includes violent acts that target a specific individual because they, for example, are a woman, identify as LGBTIQA+, or break conventional gender roles and stereotypes. Gendered violence at work may sometimes be experienced inadvertently. Unintentional gendered violence can happen to anyone; examples include overhearing a conversation that does so or seeing violence against another person.
Types of gendered violence at work
The level of gendered violence at work can range from casual remarks and gestures to rape and sexual assault. The following are examples of sexual harassment: stalking, intimidation or threats, verbal abuse, exclusion or ostracism, sexually suggestive gestures, derogatory language and images, put-downs, innuendo, and suggestions that your role or position is undercut, sexual assault, or rape.
How is sexual harassment defined specifically?
According to Section 92(1) of the Equal Opportunity Act of 2010 (EO Act), sexual harassment is defined as making an unwanted sexual approach, making an unwanted request for sexual favours, or participating in any other unwanted sexual conduct with respect to the other person in circumstances where a reasonable person, taking into consideration all the circumstances, would have anticipated that the other person would be offended, embarrassed, or intimidated.
Sexual harassment at work
Workplace sexual harassment refers to sexual harassment that is directed at a person and occurs at work, during work-related activities, or between coworkers. Sexual harassment at work is not usually overt, persistent, or ongoing. It can be a singular episode that includes touching, leering, leering, jokes or statements that are sexually suggestive, or posters or images that are sexually graphic. Sexually explicit physical contact, sexually explicit verbal or written communication, sexually explicit social media activity, repeated solicitations for sex, nosy inquiries about a person’s private life or body, and unwarranted physical contact, such as purposefully brushing up against a person.
Gender-based violence at work: Risks and Impacts
Managers, coworkers, contractors, site visitors, clients, customers, or other members of the public may expose people to gendered violence at work. Anyone can engage in gender violence, regardless of their sex, sexual orientation, or gender identity. Men are more likely than women to engage in gendered violence, according to the data. Gender-based violence at work may be directed at a specific person or group. It may also take the form of conduct that, while not intended for anyone, in particular, has an impact on others who are exposed to it or witness it. Sexual harassment and gender-based violence at work often coexist with each other as well as with work-related violence. It may be difficult to distinguish between certain behaviours in complex professional scenarios.
Workplaces where there is a culture of sexism, homophobia, and norms that support gendered violence, as well as where violent and aggressive behaviour is supported, accepted, and rewarded, are among the factors that can contribute to gendered violence at work. Examples of these workplaces include those where men hold positions of power and/or where women are vulnerable in the labour market. Workplace practises, organisational structures, and physical surroundings can all have an impact on the risk of gendered violence.
Preventing gendered violence at work
The steps involved in preventing gendered violence at work include identifying the risks and evaluating the dangers, putting measures in place to reduce or eliminate the risks, evaluating the effectiveness of the control measures to make sure they are successful, and enhancing them as necessary.
Employers must involve HSRs and employees in health and safety matters that could directly affect them. Employing the knowledge, insight, and ideas of the workforce improves the possibility that all risks will be found, as well as the choice and implementation of efficient methodologies. Information exchange that can have an impact on workplace health and safety is essential during consultation. The material should be accessible to all workers and provided in additional languages as needed. Employee comments must be taken into account.
Gendered violence can be completely eliminated by creating and upholding polite and civil workplace cultures and policies that are not permitted. Changes to the workplace and surroundings may also be able to totally limit exposure to some risks associated with gendered violence, such as calling clients instead of meeting them in person whenever possible to reduce the possibility of physical violence. If risk cannot be practically reduced, it must be minimised by using a number of control measures. It’s possible that you’ll need to apply specific protocols across the board, including in some workplaces.
Responding to incidents
Employers should react immediately and effectively to incidents of gendered violence at work, though reactions will vary based on the incident’s nature and severity. Systems that outline what to do during and shortly after an incident should be in place. Police should be contacted in cases of physical violence, sexual assault, and threats of harm. Even if a concern has been reported to the police, the occurrence should still be looked into to determine whether risk controls are effective and the response protocols were followed.
A response system ought to address critical safety issues, medical attention, and notifications required by external agencies such as the police, fire, ambulance, and WorkSafe. Making referrals, using support services, and reporting internally. Ensure that staff members are familiar with incident response guidelines; training should be offered. In order to prevent the complainant from suffering further harm as a result of filing a complaint, managers and supervisors should get training on how to handle disclosures of gendered violence incidents.
Effects on people
The level and impact of gendered violence at work vary. Both physical and mental harm, as well as disease, can be a result. It may result in disengagement, confidence loss, and isolated sentiments. physical harm sustained as a result of an assault. Depression, anxiety, suicidal thoughts, PTSD, social isolation, strained family relationships, and stress. Financial loss or economic disadvantage, gastrointestinal issues, immune system deficiencies, and cardiovascular diseases as a result of stress.
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Disclaimer:
The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively contact myWorkCover for updated information.
