MELBOURNE (Reuters) – BHP and Rio Tinto used confidentiality agreements to prevent their employees from reporting cases of sexual harassment at work, according to a lawyer leading class actions against the two mining groups in Australia.
Brisbane-based law firm JGA Saddler filed two class action lawsuits this week against BHP and Rio Tinto, accusing them of systemic sexual harassment and discrimination in Australia’s mining industry.
According to JGA Saddler senior counsel Josh Aylward, the mining industry has widely used non-disclosure agreements (NDAs) to dissuade victims from speaking out.
Hundreds of women said these agreements prevented them from joining class action lawsuits for fear of professional reprisals.
“It’s standard practice,” the lawyer said.
“The industry has widely abused these agreements to suppress complaints.”
BHP and Rio Tinto have said they do not sign confidentiality agreements when dealing with sexual harassment cases.
Rio Tinto told Reuters it would not enforce confidentiality clauses included in previous agreements that prevented employees from speaking about their experiences.
In an interview with Reuters, Jakob Stausholm, CEO of Rio Tinto, also committed to reacting in the event of any act deemed reprehensible.
“If something abnormal happens, it is unacceptable. And we will do everything to avoid it,” he said Thursday.
A BHP representative referred Reuters to the company’s annual report, which said it stopped using confidentiality agreements relating to sexual harassment complaints in March 2019 and did not enforce previous agreements.
Both companies also said they take all allegations of sexual harassment seriously and are working to eradicate it from the industry.
The complaints have been filed with the Federal Court, and the hearing is scheduled for February 2024.
On this occasion, the two companies will be required to contact all the women who have worked for them since 2003.
In 2024, BHP recorded 471 sexual harassment complaints globally.
Rio said last month that cases of rape and sexual assault at its mines persist. An investigation revealed eight cases of sexual assault or attempted sexual assault.
(Written by Melanie Burton; Noémie Naudin and Mara Vîlcu; edited by Augustin Turpin)
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