Mining giant hit with sexual harassment class action
Australia’s mining industry is once again accused of having a toxic and misogynistic culture as another giant company becomes embroiled in a sexual harassment class action lawsuit.
The women allege they faced sexual harassment, violence and retaliation for speaking out at Fortescue’s remote work sites and accommodation village, and are suing the mining company over the alleged incidents that spanned decades.
A woman was lured into a dark alley by a man who forcibly tried to kiss her, and another came home one night to find a random man in her room, according to the lawsuit filed in Federal Court Thursday morning.
A third woman claims she was told to resign from the mining company after she became pregnant.
Others claimed they were subjected to vile language such as “you report us, then we get fired” and “why don’t you screw the crew, it’ll make you feel better.”
Another woman, who had a stillborn baby, claimed she was told to “get over it” when she returned to work.
“It covers a wide spectrum, from serious sexual assaults to everyday microaggressions; it covers the whole spectrum,” Paris Hamrey, lawyer for class action firm JGA Saddler, told AAP.
“There is a culture of silencing these women. There is a culture of punishing women rather than the alleged perpetrator, putting their careers and livelihoods at risk.”
A spokesman for Fortescue, which is chaired by billionaire founder Andrew Forrest, said it would be inappropriate to comment on any allegation or allegations before class action proceedings begin.
“Fortescue is committed to providing a safe, respectful and inclusive workplace for all employees and contractors,” he told AAP.
“Sexual harassment, unlawful discrimination and other behavior that makes people feel unsafe has no place at Fortescue.”
Fortescue joins mining giants BHP and Rio Tinto in facing similar lawsuits in late 2024.
Both companies are accused of allowing unsafe workplaces where women face harassment and discrimination.
Ms Hamrey said the three cases showed the culture in the industry had completely failed.
“The mining industry has a real problem with women; most, if not all, women work in remote sites and are subject to some form of sexual harassment or gender discrimination,” she said.
“These companies actually need to stand up and address the issues… strengthen their policies, actually enforce the policy and provide a space where women feel safe to work.”
Both BHP and Rio Tinto’s cases are ongoing in the courts.
Under Australia’s sex discrimination laws, a company like Fortescue could be liable if it allows a woman to work in an environment where harassment is unchecked.
Ms Hamrey said women in the industry feared being ostracized for raising issues alleged in the claim.
“There is fear if they are still working there and there is fear of being blacklisted from any job at any mining company,” he said.
“I completely understand that these women have a real hesitancy to speak openly, because what they are observing themselves and fearing is a real backlash.”
1800 RESPECT (1800 737 732)
National Sexual Abuse and Resolution Support Service 1800 211 028
Lifeline 13 11 14
beyondblue 1300 22 4636
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