Female Individuals Engage in Class Action Lawsuits Alleging Sexual Harassment against Prominent Mining Corporations
The individual lawsuits, filed in the Federal Court in Sydney and disclosed to the public on Wednesday by the legal firm JGA Saddler, accuse two prominent companies of widespread and systematic sexual harassment and gender discrimination at their workplaces over the past two decades.
Lawyer Joshua Aylward from JGA Saddler has spoken to hundreds of women in the past 18 months who have shared accounts of abuse, many of whom were afraid to speak out due to potential workplace repercussions.
Aylward stated, "It's like we're back in the 1980s where no one believes what has happened to them, or it is just tolerated."
CNN has no access to the filed documents, but allegations from the two main plaintiffs were included in a detailed report distributed to the media, detailing incidents of sexual harassment, assault, unwanted advances, and lewd behavior that made the women feel unsafe at work.
Aylward revealed that the women had been subjected to being urinated on and groped. For safety reasons, the lead applicants have chosen to remain anonymous.
According to Aylward, the parties have been involved in mediation since the beginning of the year, but they couldn't reach an agreement, prompting the lawsuit.
'Persistent sexual advances'
One lawsuit was filed against BHP, and another against Rio Tinto. Both companies are among the world's most valuable mining corporations, with tens of thousands of employees each.
The primary complainant in the BHP lawsuit worked for the mining company as a driver of water and dump trucks in Queensland and New South Wales. She alleges that a BHP contractor urinated on her after persistent sexual advances and propositions, including uninvited visits to her accommodation.
She reported the incident but was never contacted and subsequently had her contract terminated.
"There have been times when I didn't report an incident due to fear of the consequences on my career, my job, and my personal safety," she stated.
Former BHP employee Angela Green, who has joined the class action lawsuit, revealed her story to expose her experience at the company. Green was a member of the blast crew, handling explosives, but she lost her job in April and refused to sign a non-disclosure agreement.
Green was accused of offering sexual favors to take advantage of the company's awards system. During an interview with two male executives, she was asked about her sexual partners. They later recommended her termination.
"I have been fighting to get my job back because I love my job and I have done no wrong," Green said in a statement from JGA Saddler. She also claimed she was falsely accused of tampering with a logbook, which she denies.
BHP, in response to CNN, stated it hadn't received a copy of the lawsuit and couldn't comment on specific allegations.
According to BHP's website, the company received 417 reports of sexual harassment during its 2024 financial year and verified 100 incidents, including sexual assault and 22 instances of unwanted touching. More than 100 people left the company as a result, either through termination or resignation.
BHP ended the use of non-disclosure agreements from March 2019 and is no longer binding people to them.
The primary complainant in the Rio Tinto lawsuit worked for the firm as a fly-in, fly-out security guard at its mine sites in Western Australia.
She alleged that weekly inappropriate comments of a sexual nature were made, and colleagues would touch her inappropriately, rubbing themselves against her or touching her breasts or bottom as they passed. She also reported crude jokes, including those about rape, and even a video of a colleague masturbating while she was on maternity leave.
He was permitted to resign instead of being terminated. However, after she complained about inappropriate behavior, she claims she was overlooked for opportunities to upskill.
"Standing up and saying something has come at a huge professional and personal cost, but until women in the mining industry join together and say 'no more,' these big companies will continue to cover it up," she said.
BHP and Rio Tinto condemn behavior
Reports of sexual bullying and harassment against women at Australia's mine sites are not uncommon - and both BHP and Rio Tinto have pledged to eradicate it in recent years.
Rio Tinto commissioned an external review into its workplace in 2022, led by former Australian Sex Discrimination Commissioner Elizabeth Broderick, following a parliamentary inquiry revealing widespread sexual harassment and assault in the mining industry.
A progress report, released last month, pointed out that most cultural improvement recommendations had been implemented, but "harmful" behavior was still a challenge at the company. It noted that while reports of gender-based bullying had increased across all genders in the last three years, the largest increase was against women.
"This increase can be explained by a range of factors, including increased retaliation in the form of gendered bullying as a response to Rio Tinto's efforts to promote gender diversity and inclusion," the report said.
Responding to the lawsuit, a representative from Rio Tinto declared that the corporation has zero tolerance for any form of sexual misconduct or harassment based on gender and is "totally dedicated" to creating workplaces that are secure, respectful, and inclusive.
Similarly, BHP expressed their commitment to fostering safe and respectful environments.
"We profoundly apologize and express our deepest regret to anyone who has encountered any type of harassment within our company," a spokesperson for BHP said.
For quite some time, BHP has been concentrating on detecting, condemning, and addressing instances of inappropriate conduct, including sexual misconduct, racial discrimination, and bullying.
According to Aylward, these cases may take prolonged periods to be resolved, or the resolution process could be expedited if the companies opt to reach settlements without contesting the women's allegations.
"These women are seeking genuine reform and change in these workplaces," Aylward stated.
The primary complainant in the BHP lawsuit believes that reporting incidents of sexual harassment could negatively impact her career and personal safety.
BHP's website states that they received 100 verified incidents of sexual harassment during their 2024 financial year, including sexual assault and unwanted touching, leading to over 100 people leaving the company.
