BHP, Rio Tinto face sexual harassment class actions in Australia

BHP (ASX: BHP) and Rio Tinto (ASX: RIO; NYSE: RIO) are facing allegations of fostering environments at their Australian mining sites where female staff endured systemic sexual harassment and gender discrimination.

Two class actions, filed in the Australian federal court on Wednesday, claim the mining giants knowingly exposed women to high-risk situations and retaliated with demotions, dismissals, or further discrimination when complaints were made, according to the law firm JGA Saddler, as reported by Reuters. 

The class actions are backed by global litigation funder Omni Bridgeway.

The two mining companies sent female staff to their sites knowing about the high potential for personal danger, and then punished them with workplace penalties when they reported it, JGA Saddler lawyer Joshua Aylward said, according to Reuters. The class actions will give help give a voice to the women, who have been too afraid to speak out, he added. 

The main plaintiff in the Rio Tinto case, who has chosen to remain anonymous due to fear of reprisals, described enduring sexual harassment weekly while employed as a security guard on Australian sites.

She alleged receiving unsolicited sexually explicit messages, videos, and photos from a colleague, including material of him masturbating in his on-site room. While the colleague was allowed to resign, her career progression was hindered after her complaint.

In a statement, the woman said there were times when she didn’t report an incident out of fear for the consequences to her job, career and personal safety. 

JGA Saddler said it expects that thousands of female workers at the two companies to join the class actions.

In response, BHP issued a statement expressing regret and apologizing unreservedly to anyone affected by harassment. The company highlighted a $500 million investment in improving the safety and security of accommodation villages, according to Bloomberg. 

Rio Tinto said in a statement that it’s aware that a claim had been filed in the federal court on Wednesday.

“We treat all such claims with the utmost seriousness,” the company said. “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.”

A recent report by Rio Tinto revealed that 39% of surveyed workers experienced bullying within the past year, an increase from 31% in 2021. Separately, BHP recorded 417 reports of sexual harassment in the year ending June 2024.

The Centre for Transformative Work at Curtin University also found persistent issues in Western Australia’s mining sector. According to their study, 41% of female mining workers reported being condescended or put down based on their gender, while 34% received offensive sexist remarks, often implying women are unfit for the work.