Sexual harassment in the legal industry

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Sexual harassment in the legal industry

• Hearsay The Legal Podcast

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INTRODUCTION

• Sexual harassment in the legal industry is more
  publicly acknowledged than ever before, and
  industry leaders need to effect cultural change
  and implement prevention strategies to ensure
  their employees have a safe working environment.

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• In April 2019 the Redfern Community Legal Centre
  published a report titled Legal Responses to
  Sexual Harassment at Work which made 46
  recommendations on how to build a culture where
  women can access and enjoy their right to work,
  in safe workplaces that are free from sexual
  harassment. Whilst individuals are of course
  responsible for their own conduct, its important
  for all employers to recognise the influence a
  toxic work environment can have on staff and how
  that can directly lead to increased incidents of
  sexual harassment.

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• Sexual harassment is defined under section 28A of
  the Sex Discrimination Act 1984 (Cth) as when a
  person makes unwelcome sexual advances, requests
  for sexual favours or otherwise engages in
  unwelcome conduct of a sexual nature in which a
  reasonable person, having regard to all the
  circumstances, would have anticipated the
  possibility that the person harassed would be
  offended, humiliated or intimidated.

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Safe Work Australia has identified the following
work groups as being particularly vulnerable to
sexual harassment

• Workers who identify as LGBTQIA
• Workers under 30 years of age
• Aboriginal or Torres Strait Islander workers
• Workers with a disability

• Workers from culturally and linguistically
  diverse backgrounds
• migrant workers or workers holding temporary
  visas, and
• People in insecure working arrangements, e.g.
  casual, labour hire or part-time work.

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• Sexual harassment is unfortunately normalised in
  some legal workplaces, with one female law
  graduate reporting in this Sydney Morning Herald
  article that she was told to get used to it,
  and that sexual harassment is normal in the
  profession. On 30th June 2021, Parramatta
  Federal Circuit Court Judge Joe Harman resigned
  from his position amid allegations that he had
  sexually harassed two women. Prior to his
  resignation, the womens complaints had been
  handled by an internal conduct committee, chaired
  by Julie Dodds-Streeton QC, which ultimately
  upheld the womens claims.

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• Discussing the issue of workplace sexual
  harassment is a vital first step in combatting
  the toxic behaviours that can cause harm to
  others in the legal industry. Its often
  difficult and uncomfortable for individuals to
  come forward with workplace sexual harassment
  complaints and claims, which is why its
  necessary for firms to address the issue at the
  source and play a role in supporting and
  educating their staff.

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• Sexual harassment can also result in a breach of
  the Barristers Rules or Solicitors Rules. You
  can learn about handling breaches of the Rules
  and other complaints on Episode of Hearsay Risky
  Business Handling Professional Responsibility
  Complaints and Claims with Lawcover solicitor
  Jennifer McMillan.