Profits before people - class action sexual harassment in resources sector

Thousands of women may be eligible for the BHP and Rio Tinto sexual harassment class actions, filed in federal court today alleging widespread, systemic sexual harassment and gender discrimination at two of the country’s biggest mining companies.

Women who were subject to harassment or discrimination while working at one or more of Rio Tinto or BHP’s Australian workplaces, any time from November 2003, are eligible. Rio Tinto and BHP will be legally required to contact all female staff with details on how to join.

Under the Anti-Discrimination Act, an employer is liable if they “permit” a woman to work in an environment where they will likely be exposed to sexual harassment and discrimination.

The class actions come weeks after an independent review into Rio Tinto’s workplace culture found unacceptable behaviour including sexual assault, bullying, and racism still persisted at the company, two years on from a probe by Sex Discrimination Commissioner, Elizabeth Broderick.

Rio Tinto last month said it was “greatly troubled” by the findings and apologised to anyone “still experiencing behaviours and attitudes in our company that are unacceptable and harmful”.

Last financial year, BHP said it had received 417 reports of sexual harassment with more than 100 employees sacked after investigations. “These behaviours are unacceptable and we are working to eliminate them at BHP by increasing awareness and promoting reporting, response and investigations in relation to these matters,” the company said in announcing the latest statistics.

It's been reported that despite knowing of the issues for years, both BHP and Rio Tinto were still not doing enough to keep female employees safe.

JGA Saddler class action lawyer Joshua Aylward said “I put it down to one thing — profits over people.” 

Comments attributable to Greens portfolio holder for First Nations, Resources, Trade, Tourism and North Australia, and Yamatji Noongar woman, Senator Dorinda Cox:

“We need to start calling out these mining companies, who are putting profits over our women. What is it going to take to change the culture on mine sites in the resources sector across this country? This is beyond ridiculous when women are being abused and even blacklisted from the industry because they are speaking out, they are fearful about their personal safety and only 13% are reporting incidents.”

“We’ve already had examples of this appalling behaviour a few years ago in the Everyday Respect Report in 2021 and WA’s Enough is Enough Report in 2022, this continues to be happening on mine sites to women. How much more evidence do we need to drive change?"

“It's time Governments, at all levels, start putting women's safety first on mining sites before the massive super profits of these corporations. This should be a no brainer, it's beyond time with the class actions now afoot. Labor must show Australians who they are really supporting ‘people or the profits’."