Rio Tinto Sexual Discrimination Class Action

Rio Tinto Sexual Discrimination Class Action 

Omni Bridgeway is  funding a class action against Rio Tinto on behalf of female employees who have experienced sex-based discrimination, sexual assault and/or harassment within Rio Tinto’s  workplaces. JGA Saddler Lawyers are the lawyers on the record for the Class Action. 

The Class Action alleges that Rio Tinto, its related subsidiaries and contractors failed to protect their female employees and are vicariously liable for their inability to deter sex discrimination, assault and harassment by other Rio Tinto employees or contractors during the course of their employment.

Background

Rio Tinto is a publicly listed corporation operating in Australia primarily focused on mining mineral resources. They currently employ over 23,000 people and in 2022 reported that 22% of their workforce were female.

In 2021, RIO engaged former Sex Discrimination Commissioner Elizabeth Broderick to prepare a report into the company culture.

The RIO Report found that:

1. the majority of women experienced everyday sexism which took a toll on their self-esteem, personal relationships and general health, as well as on their capacity to progress in the organisation.
2. colleagues and managers routinely commented on their appearance, expressing overtly gendered assumptions about their ability, and that women were only present in the organisation as a result of positive discrimination.
3. women feared:
   1. letting management know that they were pregnant;
   2. requesting flexible work arrangements;
   3. being denied gender specific facilities such as bathrooms;
   4. being left out of decisions and overlooked for progression;
   5. being asked to take notes, get coffee, or even do a colleague’s washing; and
   6. lack of consequences when reporting incidents

If you would like to know more or you are interested in registering your interest to the class action, follow the prompts below to register your interest with Omni Bridgeway.

Am I eligible to join this Class Action?

If you were an employee, contractor, sub-contractor or any other agent working at a Rio Tinto site or their related subsidiaries from 25 November 2003 to 27 November 2023 and believe you have experienced sex-based discrimination, sexual assault and/or sexual harassment during the course of your employment by another Rio Tinto employee, contractor, or subcontractor, you can register your interest with Omni Bridgeway below.

What is considered discrimination, sexual assault or sexual harassment in this class action?

The definition of sexual harassment is contained within sections 28A, 28AA and/or 28B of the Sex Discrimination Act 1984 (Cth). The following conduct will be considered in the class action:

Inappropriate verbal or non-verbal sexual communication, including:

• unwelcome sexual advances
• unwelcome request for sexual favours
• unwelcome entry into your accommodation, either with or without you present;
• stalking;
• sexual jokes;
• unwanted attention of a sexual nature such as staring or leering;
• inappropriate sexual comments;
• inappropriate discussions about yours or another person’s sex life;
• having sexually explicit materials displayed, showed or sent to you;
• taking and/or posting inappropriate or sexually suggestive photos or videos of you without your consent; or
• pressure from the same person for dates or sexual relationships.

Physical contact or sexual relations, including:

• touching your clothes, hair or body,
• unwelcome massage;
• unwelcome hugging, kissing, patting, touching or rubbing/pressing oneself sexually against you;
• pressuring, manipulating or scaring you into performing a sexual act;
• attempted sexual assault, abuse or rape; or
• sexual assault, abuse or rape.

If you are still unsure or believe you have experienced non-physical or physical harassment not listed, please still register your details with us below. A member of the team will contact you at a time convenient for you to discuss the details of your potential claim, as soon as possible. 

How much will it cost to be a part of the Class Action?

The class action is being funded by Omni Bridgeway on a “no win, no pay” basis in accordance with the terms of a funding agreement or terms imposed by the Court. If the class action is successfully resolved and there is a recovery of compensation, Omni Bridgeway will be entitled to reimbursement of the costs it has spent plus a commission from such recovery only.

There are no costs involved for group members who wish to take part in the class action. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to Rio Tinto or any other respondents.

Will there be any cost to me if the Class Action is unsuccessful?

No. Group members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to Rio Tinto or any other respondents.

How do I register my interest?

You can register your interest to receive information and be updated on key developments as the class action progresses. Registration is free and without obligation. Merely registering your interest via this website does not bind you to any contract or commitment.

To register your interest, you can do so by clicking on the “Register your Interest” button below.

If you have any queries, you can contact the Omni Bridgeway Client Liaison Team by email on [email protected] or free call 1800 016 464.