A First Nations employee at South Australia's Department for Infrastructure and Transport (DIT) has lodged a claim in the Federal Court of Australia. The employee alleges sexual harassment by her supervisor and racial discrimination, following an internal department investigation that did not substantiate her sexual harassment claims.
Allegations Made
The employee's statement of claim details allegations against her then-supervisor from approximately March 2022. These include:
- Frequent lewd staring, including at her breasts, during conversations.
- Comments on her hair and make-up, which she found uncomfortable and humiliating.
- In August 2023, the supervisor allegedly asked, "How come you didn't score an invite?" when she mentioned watching the Prime Minister's "Yes" campaign for the Indigenous Voice to Parliament.
- Following a conversation about food at an Aboriginal cultural awareness training session, the supervisor allegedly remarked, in a sarcastic tone, "What are you going to eat — ants?" The employee stated this comment reinforced a stereotype, mocked Aboriginal and Torres Strait Islander food choices, and would not have been directed at a non-Aboriginal person.
Internal Investigation and Department's Response
The employee stated she filed a formal complaint in February 2024. The department's internal investigation concluded in October, finding the sexual harassment allegations unsubstantiated and reportedly not addressing race discrimination. A human resources executive involved in this decision later realized he had not read a document detailing the "ants" comment.
The DIT, in its defense, denied vicarious liability for the alleged acts and asserted it took reasonable steps to prevent harassment and discrimination. The department highlighted its mandatory training programs, such as "White Ribbon – preventing violence against women" and "Say no to racism." It also stated it provided the employee with alternative and flexible working arrangements to mitigate safety concerns, though her anxiety reportedly increased due to continued sightings of the accused.
Supervisor's Defense
The accused supervisor denied the allegations, stating he maintained a "professional and friendly relationship" with the employee. Regarding the "ants" comment, he claimed he said, "you need to try the ants," referring to his own experience eating traditional foods at a previous cultural awareness session, and denied using a sarcastic tone. He argued that many complaints were exaggerated or fabricated and that his admitted comments were made "innocently" and were not critical or derogatory of the employee's race.
Legal Proceedings
After the internal investigation, the employee lodged a complaint with the Human Rights Commission, which subsequently progressed to the Federal Court. She is seeking compensation, an apology, and "meaningful anti-sexual harassment, anti-sex discrimination and race-discrimination training." The DIT and the accused supervisor are seeking to have the claim dismissed. The matter is currently scheduled for mediation.