Mining giant Rio Tinto could face a class action lawsuit from employees and contractors subjected to sexual discrimination or harassment while on the job.
Lawyers are investigating whether Rio Tinto and its related subsidiaries failed to take adequate steps to eliminate discrimination and sexual harassment in workplaces.
They also want to know what loss and damage employees subjected to sexual harassment, discrimination, or anti-social workplace behaviours suffered, with the findings potentially triggering a lawsuit
A 2022 review commissioned by Rio Tinto into its global workplace culture found bullying, sexual harassment, racism and other forms of discrimination were common at its male-dominated mining sites.
"The report found that a large proportion of female employees described enduring everyday sexism which impacted self-esteem, personal relationships and their employment," Sarah Thomson of Shine Lawyers said.
Twenty-one women at Rio Tinto reported actual or attempted rape or sexual assault in the five years before 2022 and 28.2 per cent of women had experienced sexual harassment at the workplace.
Ms Thompson said some women who had spoken out about the sexual abuse and assault on the job were later driven out of the industry for doing so.
"We cannot let any employer get away with this conduct without consequence," she said.
Under the Sex Discrimination Act, an employer can be held vicariously liable for harassment by employees if the employer did not take all reasonable steps to prevent the employee from committing the harassment.
Rio Tinto said it was aware Shine was investigating a potential class action.
"We take all concerns about workplace safety and culture including sexual discrimination and harassment very seriously," a spokesman said.
The company publically released the 2022 review, as part of its commitment to drive change at its worksites and create a safe, respectful and inclusive workforce.
"The Everyday Respect report included recommendations to ensure the cultural change we're making at Rio Tinto is implemented, embedded and its effectiveness monitored," the spokesman said.
This includes an independent review of the company's progress, which is currently underway and scheduled to be released later in the year.
Rio Tinto is one of the largest and most successful mining companies in the world, with a significant global profile that reaches well beyond the resources sector.
It employs about 45,000 people at 60 sites in 35 countries.
