If you are a former or current female employee of BHP and believe you may have a claim click 'Register' now and follow the prompts.

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BHP Sex Discrimination Class Action

Overview

On 11 December 2024 a class action proceeding was commenced in the Federal Court of Australia against BHP Group, its related subsidiaries and their contractors and alleges that they are vicariously liable for failing to protect their former and current female employees from experiencing sex discrimination, sexual assault and/or sexual harassment during the course of their employment from 25 November 2003.

Our class action will address these long-standing issues and seek compensation owed to thousands of Australian women.

Background

BHP is a publicly listed corporation operating in Australia primarily focused on mining and metals. They currently employ over 24,000 people and in 2022 reported that 32% of their workforce were female.

In 2021, the Western Australia government conducted an inquiry into the fly-in, fly-out (FIFO) industry and shone a light on a plethora of inappropriate behaviours against females.

The stories heard during the Inquiry match the various sorts of behaviours commonly described as sexual assault or sexual harassment. Some of the evidence provided to the committee shared harrowing stories of women in the industry:

'I have been asked how many men I’ve slept with, do I shave, have I ever slept with another women and if so how many?'

'Sleeping in my donger, woken by a workman opening my door to do ‘cleaning/repairs’. Very common for everyone on site but far from appropriate and is predatory'

'When I was on site, I often received comments like ‘what is your room number’, I would receive text messages from married men on my crew asking me to go to their room and give them a massage, I would get men knocking on my door in the middle of the night, and hear stories that men will take your underwear from the washing machine'

BHP’s submission to the Inquiry acknowledged a steady increase into the reporting rate of alleged sexual harassment and substantiated over 73 reports of sexual harassment in their operational sites and camps.

Next Steps

In order to register your interest to participate we require:

i.            Your full name;

ii.           Your best contact number;

iii.          Email address; and

iv.          Postal address.

We also ask that you inform us of your current or former employment details such as whether you were full-time, part-time, a contractor or sub-contractor, the entity who employed you and the dates of your employment.

A member of our team will contact you over the phone, at a time convenient for you to discuss the details of your potential claim, as soon as possible.

Register your interest

If you are a current or former female employee of BHP Group or any of its related subsidiaries and believe you have experienced sex discrimination, sexual assault and/or sexual harassment by another BHP employee or contractor during the course of your employment please register with us to participate now.

Frequently Asked Questions

This class action has been filed in the Federal Court of Australia Victorian Registry against BHP Group, on behalf of all current and former female employees, who experienced sexual assault and/or harassment in connection with their employment at any time on or after 25 November 2003 to [INSERT DATE].

If you believe you have been affected by these issues, then you may be entitled to compensation and should register your details above.

Yes. We encourage all former employees who believe they have been affected by these issues to register their interest with us. All of your information will remain confidential and will not be shared publicly at any stage of the class action.

The definition of discrimination on the grounds of a person's sex, pregnancy or potential pregnancy, or family responsibilities is contained within the Sex Discrimination Act 1984 (Cth). The following examples may include:

i.     Withholding female employees promotions or training opportunities due to pregnancy or potential pregnancy or family responsibilities

ii.    Being assigned tasks because they are 'traditionally' labelled as women's work

iii.     Purposefully not hiring a woman in fear of disrupting or upsetting a male dominated industry or role

iv.     Supervisors or Superintendents holding a personal preference for working with either men or women

The definition of sexual harassment is contained within the Sex Discrimination Act 1984 (Cth). However, the following examples may be considered in the class action:

i.       Unwelcome sexual advances

ii.      Unwanted repeated requests for dates

iii.     Unwelcome requests for sex or sexual favours

iv.      Unwelcome entry into a person’s accommodation, either with or without a person present

v.       Stalking

vi.      Suggestive or explicit sexual jokes

vii.     Unwanted attention of a sexual nature such as staring or leering

viii.    Inappropriate sexual comments

ix.       Intrusive discussions about yours or another person’s private life

x.       Sexually explicit materials such as posters, magazines or screen savers displayed, shown or sent to you

xi.       Taking inappropriate or sexually suggestive photos or videos of you without your consent

xii.      Unnecessary familiarity, such as unwelcome touching of another person’s body or clothes

xiii.     Unwelcome massage

xiv.     Unwanted hugging, patting, touching or rubbing/pressing oneself sexually against another person

xv.      Pressuring, manipulating or scaring someone into performing a sexual act

xvi.     Attempted sexual assault, abuse or rape

xvii.    Sexual assault, abuse or rape

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

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 of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement.

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 BHP Group Limited or any other respondents.

Unfortunately, we are unable to provide a timeframe of how long the class action will take to resolve. Our objective will always be to act in the best interests of the group to ensure any resolution reached would be fair for all.

A class action is a group proceeding comprised of seven or more people who have been wronged by an individual or corporation. These claims generally arise out of similar circumstances that allow the group an opportunity to be heard based on common issues of law or fact. These proceedings are often commenced by one lead litigant on behalf of the group.

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 BHP Group Limited or any other respondents.

JGA Saddler

Lawyers

Omni Bridgeway

Litigation Funder