A new Monash study centred around four communities in Melbourne’s west reveals insights on why workers may not seek free legal help about workplace discrimination and harassment – and what changes could be made to better support them.
Why do some workers who experience discrimination or sexual harassment choose not to seek legal help, even when free services are available?
A new study, led by Monash Business School Senior Lecturer, Dr Adriana Orifici, has found that for some people in Melbourne’s western suburbs, cultural expectations, informal support networks, and limited awareness of specialist services can play a key role.
Funded by a Victoria Law Foundation Knowledge Grant 2024, the study was commissioned by Western Community Legal Centre (Westjustice) after staff noticed a gap in who was using its Equality Law Service.
People who identified as being part of the Vietnamese, Indian, Afghan and South Sudanese communities were almost absent from discrimination and sexual harassment casework in the first year that the Equality Law Service operated, even though they were well represented in other areas of legal support.
“Workplace discrimination and sexual harassment remains troublingly prevalent and this research produces deeper insights into the needs of marginalised and vulnerable communities when they face these types of problems at work and want to seek help to resolve them,” Dr Orifici said.
Knowing their rights, not where to turn
To better understand the issue, researchers surveyed community members, conducting in-depth focus group interviews to explore how people recognised problems at work, where they sought help, and what stopped them from approaching lawyers.
Dr Orifici worked closely with Westjustice and collaborated with Carol Ransley, Director of Human Rights Education Associates, alongside consultation with local organisations and community leaders.
The research revealed that most participants understood that discrimination and sexual harassment were unlawful, and many knew they had legal rights at work.
What they often lacked was practical knowledge: how to make a complaint, what process is involved, and which services could help them.
Some were unsure whether their experience was “serious enough”. Others assumed legal support would be expensive, complicated or risky.
“While focus group participants frequently knew that laws existed that protected them from discrimination and sexual harassment in the workplace, few knew that tailored legal services existed in Victoria that could provide them with no or low-cost help to solve these types of issues,” Dr Orifici said.
Turning to family, friends and the internet
The findings also uncovered a strong preference for informal support.
When faced with discrimination or harassment, many participants said their first step would be to speak with relatives, friends, colleagues or trusted community members.
Others relied on online searches, websites and social media forums.
These approaches were often seen as quicker, and less exposing than contacting a legal service.
“Focus group participants spoke about how online sources, including online searches and websites, and online forums such as on Facebook, were quick, free and anonymous ways to get relevant information and ask questions,” Dr Orifici said.
“For some participants, confidentiality and anonymity when attempting to solve a problem about discrimination or sexual harassment at work were key priorities.”
Language, trust get in the way
The research found that participants’ experiences of cultural barriers varied widely and this reflected participants’ intersectional identities.
Some spoke about preferences to communicate in the language they mainly spoke at home, others raised concerns about gender expectations, confidence, stigma or past experiences with institutions.
Dr Orifici said responding to these needs required a proactive approach from lawyers and the services, generally.
“This research provides examples of how the cultural needs relevant to whether a participant attends a service like the ELS, and what they need from the service if they do so, are highly specific to the individual,” she said.
“Female participants in the focus groups talked in particular about how they would like to be asked about their cultural needs when they approached a service like the ELS or first met their lawyer.”
From research to action
The study translated its findings into nine practical recommendations aimed at improving outreach, accessibility and cultural responsiveness.
All have been accepted by Westjustice and are now being put into practice.
Jennifer Jones, Legal Director of the Workers’, Economic and Housing Rights Programs at Westjustice, said the findings confirm that legal service delivery is “not a one-size-fits-all approach”.
She said the research has enabled Westjustice to “better understand the legal needs and implement evidence-informed activities”.
“This study is important because it provided specific insights into the legal needs of participants who identify as part of these four communities in the western suburbs. It allows their voices to be heard and can inform how legal services can be designed to meet their needs,” Dr Orifici said.
Read the full report here.
