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Former Female Employees Detail Alleged Sexual Harassment in Class Actions Against Rio Tinto and BHP

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Posted: 11th December 2024 by
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Former Female Employees Detail Alleged Sexual Harassment in Class Actions Against Rio Tinto and BHP.

Warning: This story contains details of sexual abuse allegations

Numerous shocking allegations have emerged in a significant class action lawsuit against two of Australia's largest mining companies, currently being heard in the Federal Court in Sydney.

These claims include experiences of being urinated on, defecated in front of, sexually groped, and subjected to harassment through videos of a male colleague engaging in inappropriate behavior.

Disturbingly, some women were told that "rape is not rape if you are passed out." Lawyers anticipate that thousands of additional female employees will join this lawsuit, which asserts that there has been a pervasive culture of sexual harassment and gender discrimination at Rio Tinto and BHP worksites over the past twenty years.

Joshua Aylward, a lawyer from Brisbane-based JGA Saddler, noted that many of these women feel "truly broken" after facing belittlement, ridicule, and even termination for attempting to voice their concerns. "They feel utterly worthless due to the way these companies have permitted such behavior from men," Mr. Aylward explained. He described instances where women were confronted with men exposing themselves, as well as others who would drop their pants and defecate in front of them while laughing. Additionally, he mentioned that women reported being groped and subjected to lewd comments over the radio.

Mr. Aylward mentioned that over the last 18 months, he has talked to hundreds of women who have been unable to work due to "ongoing sexual assaults and harassment in the workplace."

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He praised the two female lead applicants for their courage, noting that the legal firm has redacted their names and plans to seek a suppression order due to their concerns about potential retaliation from male colleagues on the sites. One of the lead applicants, a FIFO security officer at various Rio Tinto-managed sites in Western Australia, claims she faced weekly sexual harassment.

“I received unsolicited, sexually explicit messages, videos, and images from a coworker, including disturbing content of him inappropriately engaging with himself in his on-site room," she recounted. She believes that after she filed her complaint, Rio Tinto allowed the colleague to resign and subsequently ignored her for opportunities to advance her skills.

"Speaking out has come with significant personal and professional repercussions, but until women in the mining industry unite and declare 'enough is enough,' these large corporations will keep sweeping these issues under the rug," she stated. The other lead applicant was employed by BHP as a DIDO operator, responsible for driving heavy machinery like water trucks and dump trucks. She reported being subjected to derogatory names such as "c***" and "prick tease," and was told that her presence at the mine was merely for the purpose of seeking sexual encounters.

She reported experiencing verbal abuse at a Queensland camp after turning down unwanted sexual advances, and when she raised her concerns, her contract was terminated. She claims to have been urinated on, faced sexual harassment through a two-way radio, and witnessed a BHP employee defecating in her presence.

"There have been instances where I chose not to report something due to fears about my career, job security, and personal safety," she shared. Underwear theft and women allegedly being filmed in their rooms are part of the disturbing claims. These allegations are all too familiar for 36-year-old Angela Green, who was employed by BHP at a Queensland site from 2018 until this year. As an explosives expert on the blast crew, she was passionate about her work.

However, her life took a drastic turn two years ago. "I learned about an incident on site where a BHP employee was caught filming female staff in their rooms, accessing and downloading phone content, possessing stolen underwear, and even having hair samples and used tampons from the bin," she recounted. It is alleged that the video was discovered in the man's locker alongside the stolen items.

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Ms. Green mentioned that she was informed she appeared in the video and noticed some of her underwear was missing. When she approached her supervisor about the situation, she claims she was dismissed and later questioned in a formal meeting with two senior executives. "I sat there wondering what would happen next.

Anxiously, I asked, 'Am I going to be fired?'" she recalled. "They replied, 'Well, it depends on the answers you provide,' and then they began to interrogate me about my sexual relationships." She expressed her shock and later faced accusations of manipulating an employee awards system and falsifying logbooks. "The allegations are completely false. I have an excellent work record and have never faced any issues or received a written warning," she stated.

After reaching out to the BHP Ethics and Investigations team in March of this year, Ms. Green asserts that she was subsequently let go from her position. In May, she reportedly received an offer of compensation related to her dismissal, but it came with the condition of signing a non-disclosure agreement (NDA).

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"The BHP state office indicated that if I agreed to sign it, they would amend my record to reflect that I resigned rather than being terminated," she explained. "This would protect their reputation and suggest that I left voluntarily and happily." She declined the offer, is currently without a job, and is speaking out to inspire other women to share their experiences. Companies are conducting external reviews and issuing apologies as reports continue to emerge.

Many complaints have originated from women working in remote outback areas as FIFO contractors, often living in male-dominated, camp-style accommodations for extended periods. In response to a WA government inquiry that uncovered numerous instances of female workers facing abuse, coercion, and sexual violence, the mining companies initiated external reviews of their workplace culture. Both Rio Tinto and BHP have expressed regret to affected employees, emphasizing that such behaviors are intolerable and committing to implementing "cultural change" within their operations.

Rio Tinto has enlisted former sex discrimination commissioner Elizabeth Broderick to conduct an independent review. The report, released in February 2022, revealed alarming instances of bullying, sexual harassment, racism, and other discriminatory practices within the company.

Last month, Rio Tinto shared the results of a follow-up review conducted by Ms. Broderick. The findings indicated that in the past year, eight individuals reported experiencing actual or attempted sexual assault or rape, an increase from five in 2021. Additionally, thirty-two individuals reported facing pressure or requests for sexual acts, slightly down from thirty-seven in 2021. Seven percent of respondents indicated they had experienced sexual harassment, consistent with the previous year. A spokesperson for Rio Tinto confirmed that the company is aware of the legal claim filed.

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Jakob Stausholm - Rio Tinto CEO

BHP representatives emphasized their serious approach to all claims, stating, "We do not accept any form of sexual harassment or harassment based on sex." They expressed their strong dedication to fostering workplaces that are safe, respectful, and inclusive. A spokesperson for BHP remarked that sexual harassment "is unacceptable in our workplaces or anywhere else" and affirmed the company's commitment to ensuring a safe and respectful environment for all employees.

"We sincerely regret and extend our heartfelt apologies to anyone who has faced any type of harassment at BHP," they added. "For many years, we have concentrated on recognizing, addressing, and managing instances of disrespectful behavior, including sexual harassment, racism, and bullying."

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According to BHP's website, there were 417 reports of sexual harassment during the 2023-2024 financial year. Of the 100 confirmed cases investigated globally, one involved sexual assault, 22 included sexualized and indecent touching, and 32 pertained to sexually aggressive comments, stalking, grooming, or image-based harassment. BHP reported that 45 cases involved other types of sexual harassment, such as sexualized conversations or jokes, leading to the termination or resignation of 103 individuals, while contractors were removed from the premises.

Mr. Aylward noted that Ms. Green is among the few women willing to publicly confront these companies and share her experience. "They understand the consequences, which often leave them unhireable in the industry, and that’s the reality," he explained. "It takes immense courage for her to come forward and share her story while being identified. It truly is a David and Goliath struggle."

The class action lawsuits against Rio Tinto and BHP highlight a disturbing pattern of sexual harassment and gender discrimination within the mining industry. Former employees courageously sharing their stories expose a culture of abuse, retaliation, and systemic failure to protect workers. Despite the mining giants' promises of cultural change and external reviews, the ongoing allegations underscore the need for stronger accountability and safer work environments, especially for women in male-dominated sectors. As more women come forward, it is crucial that these companies take immediate, meaningful action to address the abuse and ensure a safer future for all employees.

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