Sexual harassment is never acceptable.
In 2019, the SDA and the Australian Human Rights Commission surveyed over 3,400 retail, fast food and warehouse workers and found the rates of sexual harassment terrifyingly high.
This is not ok.
If it happens to you, don’t be afraid to report it, so your employer can take steps to stop it.
Key findings
Female SDA members were more likely to have been sexually harassed in the workplace than male SDA members (46% compared to 29%).
More than a third of incidents of workplace sexual harassment in the last five years were perpetrated by a customer (36%).
Only 13% of SDA members had made a formal complaint or report about their most recent incident of workplace sexual harassment.
All workers have a right to safe work environment, free from sexual harassment.
Sexual harassment is any physical or verbal conduct or visual display, which is:
- of a sexual nature,
- unwelcome and uninvited, or
- offensive, humiliating or intimidating.
Sexual harassment is not about occasional compliments and has nothing to do with the mutual attractions of friendship, which are consensual and acceptable to both parties. These are private concerns.
Grounds for sexual harassment can exist whether the harassment was intended or unintended.
Although it is most commonly experienced by women, both men and women can experience sexual harassment at work and the harassment can be directed to a person of the same sex. The complainant also does not have to be directly involved, a third person may be offended by harassing behaviour among willing participants.
The harasser could be an individual or a group and may be demonstrated by a manager, supervisor, a work colleague, from an independent contractor or supplier visiting the workplace, or for a significant number of SDA members, from customers.
Sexual harassment can take many forms, including:
- Suggestive remarks and sexually explicit conversations
- Unnecessary familiarity, such as deliberately brushing up against a person or unwelcome touching
- Unwelcome jokes of a sexual nature in your presence or about you
- Displaying or sharing sexually explicit material, including via text and social media platforms
- Sexual propositions or repeated unwanted requests to go out on dates
Sexual harassment may also constitute a criminal offense, including:
- Obscene communications (telephone, calls, email, SMS/text messaging, letters etc)
- Touching a person where the touching is sexual in nature, which is also sexual assault
- Stalking or indecent exposure
Every employer has a legal duty under the Federal Sex Discrimination Act to protect their employees from sexual harassment.
Employers also have duties under Work, Health and Safety laws to provide a safe and healthy workplace that is free from sexual harassment.
Your employer must take reasonable, practical steps to prevent sexual harassment from occurring. This includes implementing a zero tolerance sexual harassment policy, a transparent and accessible complaints process, providing education and training for employees on sexual harassment and taking appropriate actions against employees who have sexually harassed others in the workplace.
Your employer’s duty to provide a safe and healthy workplace free from sexual harassment extends to implementing measures to prevent and respond to sexual harassment by customers.
If you have been sexually harassed or you have witnessed sexual harassment in your workplace you can report the incident or make a complaint.
If you don’t feel comfortable approaching the harasser, the harassment continues or is criminal in nature please contact the SDA for support.You have protection under the law from victimisation or adverse action if you make a complaint of sexual harassment or if you are a witness of a complaint made by a co-worker.
Sexual harassment is unacceptable behaviour and is a breach of the fundamental right of an employee to work in a physically and psychologically safe environment, and to be treated fairly and with respect.
Sexual harassment can create an intimidating, hostile and offensive work environment. It is distressing and can affect a person’s mental and physical wellbeing. It is therefore an important health and safety issue.
The SDA treats all complaints seriously and sympathetically and endeavours to deal with each claim promptly and confidentially. The SDA will ensure, to the extent that we are able, that complaints will be fully investigated by the company in an impartial manner in search for a resolution that is just and equitable.
The SDA will also act to ensure that steps are taken by the employer to prevent further sexual harassment occurring in their workplace.
Remember, the SDA provides support, advice and representation to members experiencing sexual harassment at work. If you experience or witness sexual harassment at work, call the SDA.
The SDA has always proactively worked to stop sexual harassment in the workplace. Some of our work includes:
- Training all SDA officials on sexual harassment and how to handle member sexual harassment complaints
- Partnering with the Australian Human Rights Commission to survey SDA members survey about sexual harassment
- Launching the results of the Australian Human Rights Commission and SDA survey to highlight the seriousness of sexual harassment for SDA members
- Engaging with employer and industry on the results of the survey and calling out the need for better reporting, response and preventative measures for workers
- SDA Submission to the Australian Human Rights Commission National Inquiry into workplace sexual harassment
- Advocating for legislative change
- Support for the ILO Convention against violence and harassment at work
- Advocating for sexual harassment and other psychosocial hazards to be included in WHS regulations
- Including sexual harassment by customers in our No One Deserves A Serve campaign to eliminate abuse and violence from customers towards workers
Real stories from fast food workers
- “A guy was rubbing himself down there while I was serving him.”
- “Old men winking and saying rude sexual comments.”
- “A customer said oh, you’re the area manager? I’d let you manage my area”.
- “Customers will speak to the girls inappropriately, asking for their numbers when they’re clearly underage.”
- “On at least 3 occasions, a trucker I see on a regular basis, has told me he wants me in response to me asking him if he wanted anything else with his meal.”
- “Constantly hitting on me to get me to go out with them and telling me how age doesn’t matter.”
- “Passing the cash change through the window he took my hand and was rubbing up and down my hand saying how nice I felt under his fingertips. Also, have had an old man ask to take me home with his fries.”
- “Inappropriate comments and wouldn’t take no for an answer…. followed me outside when I was on break and wouldn’t leave me alone. Tried kissing me.”
- “Making comments like “I love it when a girl gives it a good twist” and inappropriate nicknames such as babe, darling, and sweetie, particularly from older, middle aged men. For context, I experienced this as a 16-17-year-old.”
Remember that you are not alone. If you need professional help or resources, consider the below resources.
If you are in immediate danger, call 000.
| Helpline | Phone Number | Website | ||
|---|---|---|---|---|
| Lifeline | 13 11 14 | www.lifeline.org.au | ||
| Beyond Blue | 1300 22 4636 | www.beyondblue.org.au | ||
| Kids Helpline | 1300 22 4636 | www.kidshelpline.com.au | ||
| The National Sexual Assault, Domestic Violence Counselling Service | 1800 RESPECT 1800 737 732 | www.1800respect.org.au |
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