Responding to a report of workplace sexual harassment

Responding to a report

When dealing with reports of sexual harassment:

• follow your workplace policies and procedures to ensure you take a clear and consistent approach.
• take action as soon as possible and ensure all conversations and decisions are documented across the process.
• be clear about how information will be handled to maintain confidentiality and protect the privacy of all parties involved.
• outline the reporting process to everyone involved and share available support options.
• respect the wishes of the impacted person. Workers may have a preferred way of managing the complaint and may not want to formally report the harassment. 

Matters involving attempted or actual sexual assault and threats to harm someone should be referred to the police, noting that if the person affected is under 18, there may be reporting requirements to relevant authorities.
 

Providing effective support    

It’s important that workers impacted by sexual harassment feel safe and supported throughout the process if they choose to report. There are several ways you can ensure this happens.

Ensure your workers feel safe to report

Work health and safety laws prohibit discriminatory or coercive actions against workers reporting WHS issues, including sexual harassment. This means that workers should feel safe to disclose sexual harassment in the workplace and should not face any negative consequences for doing so. Ensure you put in place systems to protect people involved in reports of sexual harassment.

Support your workers during and after the reporting process

When someone reports sexual harassment to you, it’s important to respond with empathy and awareness that the person may be suffering trauma due to the harassment. This may include:

• listening carefully without judgement and asking open questions
• avoiding asking them to repeat themselves or posing invasive questions to reduce any extra distress
• advising them on their reporting options and letting them know about additional support available to them, for example an Employee Assistance Program (EAP)
• encouraging them to report but only if they are ready to. 

Following the reporting process, it’s important to regularly check in on the impacted person’s wellbeing and offer continued support, as well as keeping them informed with updates on the progress of their report. How you manage their report can significantly impact their experience and perception of your business’ commitment to keeping workers safe.

Support your workers returning to work after time off

In some cases, a worker may need time off work after experiencing workplace sexual harassment. Upon their return, it’s important to consider whether reasonable adjustments to their work to ensure their safety and wellbeing are required, and ensure they have access to support and resources, such as an EAP. Make sure you speak to the person returning about any reasonable adjustments that should be made.

Workplace policies

Businesses should have clear policies and procedures to manage reports of sexual harassment effectively, minimising risks to the physical and mental health of workers. Having a structured approach removes any uncertainty and ensures that reports are handled consistently over time.

Resources

• NSW Code of Practice: Sexual and gender-based harassment - SafeWork NSW
• Positive duty explained (PDF 147.79KB) - SafeWork NSW
• Work health and safety approach to sexual harassment (PDF 158.47KB) - SafeWork NSW
• Reporting options guide for workplace sexual harassment (PDF 427.48KB) - SafeWork NSW
• 24/7 Support services guide: workplace sexual harassment (PDF 236.64KB) – SafeWork NSW