New research shines spotlight on the prevalence of sexual harassment in the retail industry

The National Research Organisation for Women’s Safety, in collaboration with the University of Sydney and the Australian Retailers Association, have released a report on the prevalence of sexual harassment in the retail industry. The report contains an overview of the types of sexual harassment retail workers face on a day-to-day basis, along with a number of study-backed recommendations that employers can implement to proactively eliminate workplace sexual harassment.

Current Legislative Framework

In December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 took effect and varied the Fair Work Act 2009 (Cth) to include provisions which outline:

• sexual harassment in connection with the workplace is expressly prohibited;
• employers can be held vicariously liable for workplace sexual harassment unless they can prove all reasonable steps have been taken to prevent the conduct; and
• workers can make an application to the Fair Work Commission for a ‘stop sexual harassment’ order.

Shortly after, the Anti-Discrimination and Human Rights Amendment (Respect at Work) Act 2022 (Cth) varied the Sex Discrimination Act 1984 (Cth), introducing a positive duty on employers and persons conducting business or undertaking to take reasonable and proportionate measures to eliminate sexual harassment in the workplace.

What measures are ‘reasonable and proportionate’ will depend on the business and the risk factors that are present, but it is clear that taking a reactive approach and simply responding to complaints of sexual harassment as they arise is no longer sufficient.

Beyond that, employers are required to comply with the provisions of relevant work health and safety legislation, which can vary between each state and territory. However, it is important to note that all employers have an overarching duty of care to ensure, as far as reasonably practicable, the health and safety of their employee’s physical and psychological well-being.

Key Findings

Research has found that retail settings are very high-risk for sexual harassment due to the high level of interaction with third parties (such as customers, suppliers etc.), as well as the engagement of workers from marginalised backgrounds that are typically more susceptible to experiencing sexual harassment. Specifically:

• casual workers, who may fear losing shifts if they raise a complaint;
• young workers, who may feel powerless and be less likely to understand appropriate workplace behaviour and report sexual harassment if they witness it;
• female workers, who may fear humiliation and judgement for making a complaint;
• migrant workers, who may not understand Australian workplace rights and fear losing their ability to work in Australia if they make a complaint; and
• workers with a disability and LGBTIQ+ workers (particularly gay men).

The report highlighted that sexual harassment was so prevalent that it was commonly viewed by retail workers as ‘just part of the job’, particularly due to the ‘customer is always right’ mentality.

Studies have shown that sexual harassment is primarily perpetrated by men (in 86% of cases), where predominantly women are victims. Further, 48% of women and 25% of men in the study reported experiencing sexual harassment in the past five years, with 36% of sexual harassment incidents originating from customers or clients.

Sexual harassment can take many forms in the workplace, however, the survey results published in the report found that the most common forms of sexual harassment experienced by retail workers were:

• Sexually suggestive comments and jokes (62%);
• Intrusive questions about private life or physical appearance (45%);
• Staring or leering (41%); and
• Physical contact (31%).

While more severe forms of sexual harassment were found to be less common, survey participants still reported incidents of sexual assault, being shown sexually explicit pictures, and requests or pressure for sex or sexual acts.

Recommendations for Employers

Retailers should take a multifaceted approach to address sexual harassment effectively within their businesses. Some of the key recommendations for employers are outlined below.

1. Implementation of Effective Policies and Procedures

Research conducted found that procedures on sexual harassment amongst retail businesses often lacked transparency and consistency, meaning retail workers were left confused on how to report sexual harassment and experienced difficulties in locating and understanding an organisation’s policies and procedures pertaining to sexual harassment.

At an absolute minimum, employers should seek to implement clear policies that specify what sexual harassment is, the appropriate methods to report sexual harassment and an overview of how complaints are handled.

In developing a business’s policies pertaining to sexual harassment, businesses are strongly encouraged to consult and collaborate with all workers, particularly those workers in marginalised groups, to better address their needs.

2. Facilitation of Regular Training on Sexual Harassment

Regular and comprehensive training equips workers and managers with the knowledge and skills needed to prevent and address sexual harassment. However, across the retail industry, recent research highlighted that there is significant variation in the quality, quantity, frequency and types of sexual harassment training provided to retail workers between businesses.

As such, employers should develop and facilitate regular training programs for all workers which incorporate real-world scenarios.

In addition, employers should develop and deliver specialised training for middle management (e.g., Managers and Area Managers) and executive management (e.g., CEO’s and Directors) given managers play a pivotal role in the prevention of sexual harassment.

3. Improving Workplace Culture

A business’s workplace culture and leadership can significantly impact the prevalence of sexual harassment at work.

In particular, research shows that workers are more likely to report sexual harassment in workplace with a supportive culture. Further, supervisors, executive management, and even board members, have a crucial part to play in calling out inappropriate workplace behaviour and condemning sexual harassment.

4. Addressing Customer-Perpetrated Sexual Harassment

The report clearly illustrates that customer-perpetrated sexual harassment is a persistent issue that retail workers face.

To combat customer-perpetrated sexual harassment, employers should implement additional measures for employee safety such as ensuring sufficient staffing levels during high-risk periods (e.g. store closings), increasing in-store security measures (e.g., the installation of CCTV cameras, duress alarms, code words and security personnel), and providing training which empowers managers and workers to challenge poor customer behaviour.

Want To Know More?

You can download a copy of the National Retail Association’s free Sexual Harassment Prevention Guide here.

Further, we offer comprehensive training options on sexual harassment prevention tailored for Senior Executives and Officers, Managers, and store-based roles. Our programs are facilitated by industry-leading advisors with extensive expertise in creating safe and respectful workplace environments. These training sessions cover essential topics, including recognising and addressing inappropriate behaviour, understanding legal obligations, and fostering a culture of respect and inclusivity. For more information on sexual harassment training options, click here.

If you need assistance undertaking workplace investigations for sexual harassment, implementing prevention strategies,  or want to better understand your positive duty to prevent sexual harassment in the workplace, please call our Workplace Relations Hotline on 1800 RETAIL (738 245).