BHP and Rio Tinto Face Class Action Sexual Harassment Cases in Australia

Mining giants BHP (ASX:BHP,NYSE:BHP,LSE:BHP) and Rio Tinto (ASX:RIO,NYSE:RIO,LSE:RIO) have both been served with class action lawsuits regarding sexual harassment and sex discrimination allegations.

According to Reuters, law firm JGA Saddler filed the cases in the Federal Court of Australia on December 11.

The firm has reportedly spoken to hundreds of women, and expects thousands to join the class actions.

“BHP and Rio Tinto sent female staff to these sites knowing there was a high risk of personal danger, and then punished them with demotion, dismissal, or discrimination when they reported it,” JGA Saddler lawyer Joshua Aylward told Reuters.

“These class actions will give a voice to these women, many of whom have been too afraid to speak out for fear of losing their jobs or workplace reprisals,” he added.

ABC News Australia outlines sensitive incidents in a December 11 report, including verbal abuse, men urinating on female colleagues and women being groped at sites run by BHP and Rio Tinto.

The lead applicants in the class actions, a former security guard at Rio Tinto and a machinery operator, have chosen to remain anonymous for security reasons. Both said that they complained, but were not entirely heard by superiors.

A complainant named Angela Green, a former explosives expert at one of BHP’s Queensland mine sites, said that company managment “locked the door and interrogated her about her sex life.”

ABC News reported that she was later terminated after refusing to sign a confidentiality agreement.

In response, BHP said that “sexual harassment has no place in (its) workplaces or indeed anywhere.”

The company also apologised to anyone who has ever experienced any form of harassment at BHP, saying that it is “committed to providing a safe and respectful workplace for everyone.”

In a Wednesday (December 18) press release acknowledging receipt of the class action, BHP added, “BHP’s absolute priority is the safety and wellbeing of its people. Any form of harassment is not tolerated at BHP."

Rio Tinto also confirmed receipt of a claim in Australia's federal court on Wednesday.

“We do not tolerate any form of sexual harassment or sex-based harassment. We take all concerns about workplace safety, culture and breaches of our values, or our Code of Conduct extremely seriously,” the company said.

“This extends to our entire network, including business partners, contractors, and suppliers. We are absolutely committed to creating safe, respectful, and inclusive workplaces.

According to BHP, the proceedings are at a preliminary stage and the amount of damages sought is unspecified.

The claims date back to 2003. Litigation financier Omni Bridgeway is funding the class actions.

“Women in mining don't want another independent review,” JGA Saddler's Aylward concluded. "They want change, and they deserve a safe and respectful workplace."

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Securities Disclosure: I, Gabrielle de la Cruz, hold no direct investment interest in any company mentioned in this article.