Raising Sexual Harassment Claims Using the Personal Grievance Process: What Needs to Change?

Abstract

The current procedures for reporting sexual harassment claims are failing those who need to use them. The systems do not reflect the true nature and effects sexual harassment in the workplace can have, nor are conducive to producing viable evidence and proof to back up these claims. This paper examines the current sexual harassment processes using the Employment Relations Act and the Human Rights Act, and the significant social, legislative and procedural barriers which inhibit people from coming forward. The paper also proposes several practical changes to the legislation governing these procedures, alternative ways of reporting what has occurred, and realistic improvements to be made in the workplace in order to best support those affected. In particular a focus is placed on a new mechanism, Vault, which allows a victim to securely upload and timestamp evidence and communicate with other affected colleagues.

Keywords: sexual violence, employment

JEL Classification: K00