You became a lawyer to practise law, not to manage workplace cultures where harmful behaviour goes unchecked. But if you’re running your own practice or sharing a workspace with staff, the legal framework around gendered violence at work makes that part of your job too.
At a recent event at Clarence Bourke Street, Laura Blandthorn, Principal Solicitor at Solidarity Solicitors, broke down what gendered violence at work actually looks like, what the law requires of employers, and how to respond when you see it. Here’s what stood out.
What gendered violence at work looks like
Gendered violence is any behaviour that affects someone because of their sex, sexual orientation, gender, or gender identity. It’s broader than physical assault or sexual harassment.
In a workplace, it can include:
- Sexual harassment and assault.
- Verbal abuse, innuendo, and put-downs.
- Offensive language and imagery.
- Stalking, intimidation, or threats.
- Sexually explicit gestures.
- Deadnaming, misgendering, or deliberately using incorrect pronouns.
- Ostracism, exclusion, and discrimination.
- Victimisation based on sex, gender, gender identity, or sexual orientation.
Some are easy to spot. Others are harder to name, especially when they’re embedded in workplace culture. A woman chairing a meeting, repeatedly interrupted, whose ideas only land when restated by a male colleague, then labelled “aggressive” or “emotional” for pushing back. That’s gendered violence too, even if no one in the room calls it that.
What’s driving it
Laura’s session pointed to four drivers, all rooted in power and control:
- Condoning or normalising harmful behaviour. The “just a joke” or “part of the culture” dismissals.
- Men’s control of decision-making. Leadership and authority concentrated along gender lines.
- Rigid gender roles and harmful masculinity norms. Expectations about how men and women should behave at work.
- Peer cultures that reward aggression. Environments where calling out bad behaviour gets framed as weakness.
These don’t operate in isolation. Economic inequality, institutional failures, and intersectional disadvantage make some people more exposed than others.
Your legal obligations
Four pieces of legislation create overlapping obligations for employers. If you run your own practice, all four apply.
- Occupational Health and Safety Act 2004 (Vic). Offences prosecuted by WorkSafe Victoria. Employers are liable for workplace injuries, including psychological harm. Significant penalties.
- Sex Discrimination Act 1984 (Cth). Compensation for economic and non-economic loss. Plaintiff’s legal costs commonly payable by the employer. Critically, individuals like managers and colleagues can be personally liable.
- Equal Opportunity Act 2010 (Vic). Compensation for economic and non-economic loss, plus orders to change workplace practices like training and policies. Employer and organisational liability.
- Fair Work Act 2009 (Cth). Compensation for economic and non-economic loss, civil penalties for unlawful conduct, and costs orders in some proceedings. Employer and organisational liability.
The personal liability under the Sex Discrimination Act was the eye-opener for most people in the room. If you’re managing staff, this isn’t theoretical.
What bystanding is, and why it matters
A bystander is someone who witnesses harmful behaviour but isn’t the target or the person doing it. Most of us have been bystanders at some point.
Laura’s framework for what to do next is the 5 Ds of bystander intervention:
- Distract. Interrupt what’s happening. Change the subject, create a diversion.
- Direct. Address the person engaging in the behaviour, if it’s safe to do so.
- Delegate. Find someone else to help. A manager, a senior colleague, HR.
- Delay. Check in with the person targeted afterwards. Offer support.
- Document. Record what you witnessed.
Not every situation calls for the same response. When there’s a power imbalance, Delay or Document is often safer than Direct. The point is that doing nothing isn’t the only option.
What a good organisational response looks like
Beyond individual intervention, four things separate workplaces that handle this well from workplaces that don’t:
- Clear, trusted reporting mechanisms. Not just “tell your manager.” Multiple ways to raise concerns that are confidential, accessible, and understood by staff. Zero tolerance for retaliation.
- Fast, trauma-informed response. Acknowledge complaints early and respectfully. Listen without disbelief, minimising, or defensiveness. Explain what happens next and keep the person informed. Prioritise safety and wellbeing from the first response.
- Early acknowledgment. A simple acknowledgment can significantly reduce further harm. Denial, silence, or “wait and see” does the opposite.
- Real action when it’s needed. Consequences change behaviour. Don’t protect perpetrators at the expense of safety. Independent investigations have a role but they can be slow, adversarial, and retraumatising if poorly handled. The best outcomes come from strong internal systems, not outsourced ones.
What our members took away
The legal framework was the eye-opener for most people, particularly the personal liability under the Sex Discrimination Act. The 5 Ds was the part that kept coming up in conversation afterwards. Knowing there are five concrete options makes it feel less paralysing in the moment.
Mr Carl, Solidarity Solicitors’ Director of Client Care and very good boy, was also in attendance. He took a lot away from it too. Mostly pats.
Support and resources
If you or someone you know is affected by gendered violence, these services can help:
- Beyond Blue: beyondblue.org.au
- Sexual Assault Crisis Line Victoria / Safe Steps: safesteps.org.au
- WorkSafe Victoria: worksafe.vic.gov.au/contact-worksafe
- Victorian Equal Opportunity and Human Rights Commission: humanrights.vic.gov.au
- Australian Human Rights Commission: humanrights.gov.au
To learn more about Solidarity Solicitors, visit solidaritysolicitors.com.au.