Mind the Gap: WGEA Reporting Data Shows Divide Between Harassment Policies and Practice
Australian organisations have made significant strides in establishing anti-harassment policies and strategies. According to WGEA industry data from 2024, an impressive 99% of private-sector employers now have a formal policy or strategy to prevent and respond to sexual harassment and discrimination. This figure represents an increase from the previous year and demonstrates a growing commitment to creating safer and more respectful workplaces.
While having a comprehensive policy is a crucial first step, more is needed. The Workplace Gender Equality Agency data reveals a disconnect between policies and their effective implementation. For instance, only 75% of organisations currently provide training for people managers on the prevention of sexual harassment (a decline from last year when the Sex Discrimination Act positive duty mandates became enforceable).
Furthermore, only 50% of staff receive training on mitigation and control measures. These figures suggest that there is still work to be done in translating policies into tangible, proactive strategies that can drive real change.
Policy to practice
Bridging this gap between policy and practice is essential for creating workplaces where all employees feel safe, respected, and empowered to speak up against misconduct. It is not enough to simply have a document outlining expectations and procedures; organisations should take active steps to embed these values into their culture and day-to-day operations.
This is a multi-step approach that includes training, clear communication from leadership, reporting and response mechanisms, and a commitment to continuous improvement.
The good news is that many organisations are already making progress in this area. By sharing best practices, learning from each other's successes and challenges, and leveraging innovative tools and technologies, we can work towards turning policies into meaningful, proactive action.
In the following sections, we will explore some initiatives that can help organisations bridge the divide between harassment policies and practice, creating workplaces where everyone can thrive.
The current state of anti-harassment policies
The good news is that 91% of organisations have updated their policies to include statements on their positive duty to eliminate sexual harassment in the workplace. 87% outline leadership responsibilities for prevention and response. Additionally, 80% set expectations for safety, respect, and inclusive conduct in recruitment materials, contracts, and performance management.
However, WGEA data also reveals areas where policies may be falling short. Only 60% of organisations have a system in place for monitoring the outcomes of sexual harassment and discrimination complaints, including employment outcomes for complainants and accused perpetrators.
Furthermore, just 58% have processes for identifying and assessing risks, and only 51% involve employees, unions, or industry groups in the development and review of their policies. These gaps suggest that some organisations may be missing opportunities to proactively identify and address potential issues, as well as to engage stakeholders in creating more effective and inclusive policies.
The consequences of having policies that aren't fully operationalised can be significant. Without robust monitoring and risk assessment processes, organisations may struggle to detect and respond to incidents of harassment and discrimination in a timely and effective manner. This can lead to a range of negative outcomes, including harm to individual employees, damage to the company's reputation, and potential legal liabilities. Policies that are developed without input from diverse stakeholders may fail to address the needs and concerns of different groups within the organisation.
It's worth noting that the introduction of the positive duty in the Sex Discrimination Act has raised the bar for what is expected of organisations in terms of preventing sexual harassment and sex-based discrimination. As highlighted in the WGEA Director's Guide to Accelerating Workplace Gender Equality, boards have an important role to play in setting expectations, monitoring progress, and ensuring compliance with this new legal obligation.
Meeting the positive duty challenges
To meet this challenge, organisations may need to reassess their existing policies and practices to ensure they are comprehensive, effective, and aligned with the positive duty. This may involve:
- conducting thorough risk assessments
- engaging in more meaningful consultation with employees and other stakeholders
- implementing monitoring and evaluation processes
By taking these steps, organisations can fulfil their legal obligations and create workplaces where all employees feel safe and respected.
The role of technology
Various tools enable organisations to bridge the gap between anti-harassment policies and practice. By leveraging digital solutions, employers can enhance reporting processes, gain valuable insights, and ultimately foster safer and more respectful workplaces.
Tech platforms offer a range of features that can support organisations in meeting the standards outlined in the AHRC Guidelines for Complying with the Positive Duty. These include:
- Secure and confidential reporting channels, such as end-to-end encryption, to protect sensitive information and encourage employees to come forward with concerns
- Customisable workflows to tailor the reporting process to an organisation's specific needs and ensure a consistent, fair, and trauma-informed approach
- Anonymous reporting options to empower workers with choices and facilitate early reporting of minor incidents
- Real-time analytics and data insights to identify patterns, trends, and potential risk areas for proactive intervention
By capturing detailed information on reported incidents, technology enables a data-driven approach to harassment prevention and response. For example, if data reveals an increase in reports from a particular department or location, organisations can investigate potential underlying issues and take targeted action, such as providing additional training or support. Similarly, tracking metrics like time-to-resolution can help identify bottlenecks in the reporting process and drive improvements.
Digital platforms can also contribute to a culture of transparency and accountability. Regular gathering and review of metrics, such as reporting rates, prevalence rates, response timeliness, and outcomes, allows organisations to assess the effectiveness of their efforts and drive continuous improvement. Sharing these insights with employees can demonstrate a commitment to a safe workplace and promote open dialogue.
It's important to note that technology is not a standalone solution but rather a component of a much larger strategy. As the positive duty raises the bar for organisations' obligations, digital tools can provide valuable support in meeting these expectations. By taking a proactive, data-driven, and victim-centric approach, organisations can more effectively identify risks, support reporters, and drive meaningful change.
What we’ve learned at Elker
At Elker, we've had the privilege of working with organisations across various industries, supporting them in their efforts to create safer, more respectful workplaces. Through our experience, we've learned that putting new compliance measures into practice can be challenging. While it's essential to have well-crafted policies and reliable reporting tools, the true key to success lies in effective implementation throughout the entire company.
Many clients initially come to us with only a limited understanding of the laws and processes surrounding workplace misconduct prevention and response. There are often questions about the difference between whistleblowing and anonymous reporting, as well as uncertainty about how to run an effective program. We've noticed a common misconception that anonymous reporting software is simply plug-and-play, without considering the critical aspects of service, support, and expertise needed to ensure success.
At Elker, we understand that effective implementation goes beyond just providing the right tools. It involves developing clear processes, identifying qualified individuals to respond to reports, and ensuring that reporters' identities are protected throughout the process. Our team of experts work closely with organisations to provide guidance on best practices, help develop customised strategies, and offer ongoing support to foster successful buy-in and implementation across all levels of the company.
If you're looking to drive lasting change in your organisation and create a culture of safety, respect, and inclusion, we invite you to get in touch with the Elker team. We're here to help you navigate these complexities and develop a tailored approach that meets the unique needs of your workplace.
