Your Workplace Must Be Psychologically Safe

Under Australian workplace laws, employers have a legal duty of care to provide a safe working environment.

This includes psychological safety, not just physical safety.

That means:

• A workplace free from harassment and discrimination

• Reasonable steps taken to prevent offensive or humiliating behaviour

• Policies and action that address inappropriate conduct, even if it’s “cultural”

If management ignores behaviour because it’s coming from senior staff, “high performers” or long-standing employees, that doesn’t remove their responsibility.

When Banter Becomes Sexual Harassment

Sexual harassment doesn’t need to be explicit or repeated.

It includes:

• Unwelcome comments of a sexual nature

• Sex-based jokes or innuendo

• Remarks that create a hostile or intimidating environment

• Conduct that a reasonable person would expect to offend, humiliate or intimidate

Importantly: intent does not matter, impact does.

You don’t need to “prove” someone meant harm for it to be inappropriate.

Your Work Entitlements Still Apply

No workplace culture overrides your legal rights.

You are entitled to:

• A workplace free from harassment and discrimination

• Protection from adverse action for raising concerns

• Access to complaint processes and fair investigation

• Support under Work Health and Safety laws

• Escalation options if internal processes fail

Being made uncomfortable at work is not part of your job description.

“Just Speak Up” Isn’t Always Safe

Women and marginalised employees are often told to “just say something.”

But speaking up can come with real risks:

• Being labelled sensitive or problematic

• Career stagnation

• Subtle retaliation

• Being excluded further

This is why the responsibility sits with employers, not individuals, to fix toxic culture.

What You Can Do

If boys’ club behaviour is crossing the line:

• Document incidents (dates, comments, witnesses)

• Review your company’s code of conduct and harassment policy

• Seek advice before raising concerns if you feel unsafe

• Escalate externally if internal processes fail (Fair Work, WHS regulators, legal advice)

You don’t have to tolerate inappropriate behaviour to keep your job.

A workplace culture that relies on silence, discomfort, or “toughening up” is not harmless... it’s unsafe.

If the boys’ club makes you feel smaller, quieter, or unsafe, the problem isn’t you.

It’s the culture and it’s not protected.