By Catherine Ngo Content writer, presenter and podcaster

A recent report found that over half of migrant women (one in two) have encountered workplace sexual harassment. The study surveyed more than 3,000 migrant women to evaluate the prevalence of sexual harassment in the workplace and how their visa status affects their vulnerability to such experiences.

A survey revealed that 51% of the participants had experienced sexual harassment in their workplaces. The construction industry topped the list, with 82% of respondents reporting such incidents. Other industries also recorded significant percentages:

  • Horticulture: 53%
  • Hospitality: 51%
  • Retail: 50%
  • Cleaning: 42%

 

Fears of losing job and visa status

The survey found that 75% of those who experienced sexual harassment did not report the incident despite the prevalence of sexual harassment.

The underreporting is attributed to fears of repercussions, and doing so would result in losing their jobs, cited as a reason by 51% of the respondents. The report found that a significant number of migrant women who experienced sexual harassment had concerns specifically about their visa status if they stepped forward with their experience.

 

Workplace sexual harassment is prevalent

The most common type of harassment experienced by migrant women is receiving sexually suggestive comments or jokes 52%). Other respondents said it was:

  • Intrusive questions about private life or physical appearance (42%)
  • Repeated or inappropriate invitations to go out on dates (28%)
  • Inappropriate staring or leering (24%)
  • Unwelcome touching, hugging, cornering, kissing, or other forms of invasion of personal space (23%)
  • Inappropriate physical contact (20%)

 

Nearly half of the respondents (48%) did not believe their employer was doing enough for their safety and quit because they felt unsafe.

To manage sexual harassment in the workplace, the report proposed several reforms, including:

1. Offering education and training to address cultural misunderstandings and raise awareness of behaviours that constitute sexual harassment.

2. Eliminating visa conditions, such as the 88-day farm work requirement, makes migrant workers vulnerable.

3. Providing more funding for better employment pathways and training programs.

4. Conducting regular assessments of the Workplace Justice visa and Strengthening Reporting Protections pilot to ensure they effectively reduce the power imbalance between migrant women and perpetrators.

 

Protecting Migrant workers

The Migration Act 1958 was amended in 2024 by the Migration Amendment (Strengthening Employer Compliance) Act to address the exploitation of migrant workers. 

This legislative action aims to deter employers and individuals involved in the labour supply chain from taking advantage of workers solely because of their immigration status. Moreover, these laws seek to create a level playing field for businesses that prioritise ethical practices, ensuring fair competition in the market.

Effective since 1 July 2024, the laws are designed to achieve the following objectives:

  • Mitigate exploitation of temporary migrant workers.
  • Foster compliance among employers.
  • Enhance justice outcomes in workplace settings.

 

Three new work-related offences have been implemented, making it unlawful for employers, including sponsors and labour hire intermediaries, to engage in the following activities:

  • Coercing or pressuring a temporary visa holder to violate a work-related visa condition.
  • Coercing or pressuring a non-citizen without a valid visa to accept or agree to a work-related arrangement.
  • Using a worker's temporary visa status in the workplace, including in relation to existing visa conditions and requirements, to support future visa applications.

 

The laws cover a range of work-related situations where exploitation might happen such as:

  • underpaying a migrant worker
  • pressuring a migrant worker to work more hours than allowed by their visa conditions
  • threatening to revoke a migrant worker's visa (employers cannot cancel visas)
  • forcing a migrant worker to hand over their passport
  • driving a migrant worker to engage in unwanted sexual acts
  • pressuring a migrant worker to accept insufficient living conditions, such as poor housing, inadequate meals, or access to running water and electricity.

 

Within the legal framework, migrant workers are given essential protections, irrespective of their visa status. These safeguards encompass individuals holding work permits, those whose visas have surpassed their expiration date, and even those working in contravention of the stipulations outlined in their visas.