Lawyer’s Report Show One in Three Australians Sexually Harassed at Work
| Burke Mangan LawyersDespite landmark legal reforms, sexual harassment remains entrenched in Australian workplaces. New analysis from Burke Mangan Lawyers, specialists in employment law, reveals that one in three workers have experienced sexual harassment in the past five years – yet fewer than one in five victims ever make a formal complaint. The firm’s new report, The Reality of Workplace Sexual Harassment in Australia (2025), draws on data from the Australian Human Rights Commission, Fair Work Commission and recent court decisions. It shows that harassment continues at scale despite the introduction of the Positive Duty in 2022, which makes employers legally responsible for proactive prevention. Key findings highlighted in the report:1. Harassment remains widespread One in three Australian workers (33%) report having experienced workplace sexual harassment in the past five years – a figure largely unchanged since 2018.“Despite more than a decade of reform and awareness, the numbers remain stubbornly high,” says Lyndon Burke, founding partner at Burke Mangan Lawyers. “It’s clear that policy on paper hasn’t yet translated into safer workplaces.”The data shows that 41% of women, 26% of men and 67% of non-binary workers have been targeted, with particularly high rates among Aboriginal and Torres Strait Islander workers (56%) and people with disability (48%). 2. Reporting systems are still failing Only 18% of victims make a formal complaint – and of those who do, 40% say nothing changed afterwards.“The AHRC report confirms that only one in five people who experience sexual harassment actually report it,” says Burke. “A quarter of those who do report say there were no consequences for the harasser. That tells us reporting systems are still failing victims.”He adds that up to half of organisations don’t inform workers how to make a complaint and 40% provide no training at all on sexual harassment prevention. 3. High-risk industries under scrutiny Rates of harassment are highest in information, media and telecommunications (64%), followed by arts and recreation (44%), retail (40%) and mining and construction, where class actions are now underway.“It’s appropriate to recognise that several employers in these industries have put in place appropriate policies and practices for dealing with sexual harassment,” says Burke. “But these industries tend to have male-dominated workforces, younger or more vulnerable staff, poor workplace culture at events where alcohol is involved, and a lack of training, support and consequences. That combination has allowed misconduct to persist.” 4. Young workers are most vulnerable – and least likely to report Nearly half (47%) of workers aged 15–17 and 46% of those aged 18–29 have experienced sexual harassment – but they are the least likely to speak up. “The failure to report sexual harassment where young people are involved can allow the conduct to escalate,” Burke warns. “It can also cause disengagement, emotional and physical harm and longer-term instability in the workforce.”Two-thirds of people who experienced harassment reported mental or emotional health impacts, with women disproportionately affected. 5. Courts are sending stronger signals Recent rulings have seen record damages awarded – including $305,000 in Magar v Khan (2025) and $250,000 in Taylor v August & Pemberton (2023) – even for non-sexual conduct such as persistent gift-giving or unwelcome romantic advances. “Higher compensatory damages reflect the modern cost of living and the serious psychological impact on victims,” says Burke. “We’re also seeing more aggravated damages for the increased distress caused by perpetrators’ behaviour.”Employers who fail to act now face significant financial exposure and penalties for non-compliance with their Sex Discrimination and WHS obligations.” 6. The legal duty has shifted – prevention is now mandatory Under the Respect at Work Amendment Act 2022, employers now have a Positive Duty to take “reasonable and proportionate steps” to eliminate sexual harassment and hostile work environments. From December 2023, the Australian Human Rights Commission gained new powers to investigate and enforce compliance.“Employers must identify risks, assess their likelihood and magnitude and eliminate or minimise them,” Burke says. “That means having robust policies, staff and manager training, and a clear complaints process. These may seem like impositions, but the benefits are immense – a happier, more engaged workforce and a culture of respect.” 7. A costly business risk The AHRC estimates the annual cost of workplace sexual harassment to the economy at $3.8 billion, excluding hidden costs such as lost productivity, internal investigations and reputational damage. Larger organisations (200+ employees) are more likely to see incidents, but smaller businesses are not immune.“Compliance can’t be a tick-box exercise,” Burke says. “Employers who fail to act face not only legal and financial risk but damage to their reputation and employee trust.”Read the full report The Reality of Workplace Sexual Harassment in Australia (2025) here. About Burke Mangan LawyersBurke Mangan Lawyers is a trusted Australian law firm specialising in all aspects of employment and family law. With a commitment to clear guidance and strong representation, Burke Mangan Lawyers supports clients through every stage of their legal journey. About Lyndon Burke Lyndon Burke is a specialist in employment law and a founding partner of Burke Mangan Lawyers. With over 25 years of experience, he advises employees and businesses on all aspects of workplace law, with a focus on fair treatment and early resolution. |
