A machine operator facing a campaign of harassment before being urinated on at BHP sites, and a security guard receiving unwelcome sexual advances with a promise of permanent employment with Rio Tinto are among allegations claimed in lawsuits filed on Wednesday.
No action was allegedly taken when the woman working at Rio Tinto sites in Western Australia reported offensive comments about rape or whether another woman working on-site was "f***able", but she claims she was then cautioned for swearing.
A woman working for BHP alleges a contractor urinated on her after she rebuffed his advances. (James Ross/AAP PHOTOS)
The woman who worked at BHP sites in Queensland and NSW claims none of her co-workers did anything while she was being abused as a "c***" working in mining "just to get laid" by a man who punched a glass window near her head and goaded her to "come on and fight me".
The man was escorted off site after she made a formal complaint to a supervisor, who then allegedly singled her out as not suitable for further training.
She was allegedly harassed by a contractor who became abusive after she rebuffed his repeated advances, before he walked up behind her in a car park and urinated on her.
She was never contacted about the complaint she made but her contract was not renewed, unlike her co-workers who remained on the job.
The two women, who are not named for legal reasons, are lead applicants on class action lawsuits filed in Federal Court.
JGA Saddler lawyer Joshua Aylward said the cases give a voice to other women who feared losing their job if they spoke.
"BHP and Rio Tinto have sent female staff to these sites knowing there was a high risk of personal danger, and then punished them with demotion, dismissal or discrimination when they reported it," Mr Aylward said.
Potentially thousands of women who were subject to harassment or discrimination at the two companies' sites since 2003 are eligible to participate.
The companies will be legally required to contact women who worked for them.
A Rio Tinto spokesperson told AAP the company was aware of the lawsuit's filing and treated such claims with the utmost seriousness, and does not tolerate sexual or gender-based harassment.
Rio Tinto pointed to a review by former Sex Discrimination Commissioner Elizabeth Broderick. (Lukas Coch/AAP PHOTOS)
"This extends to our entire network, including business partners, contractors, and suppliers," they said.
"We are absolutely committed to creating safe, respectful, and inclusive workplaces."
The company pointed to an external review conducted by former Australian Sex Discrimination Commissioner Elizabeth Broderick in 2021, which a recent progress review found is "helping make Rio Tinto a better place to work".
"It also found there is still work to do in fostering an environment where all employees feel safe, valued, and respected," the spokesperson said.
A BHP spokesperson told AAP it is committed to providing a safe and respectful workplace for everyone.
"Sexual harassment has no place in our workplaces or indeed anywhere," they said.
"We deeply regret and apologise unreservedly to anyone who has ever experienced any form of harassment at BHP," they said.
The company has been focused on addressing disrespectful behaviour, including sexual harassment, which it treats as a health and safety risk, with a wide range of controls focused on prevention, reporting and response, they said.
Mr Aylward said women in mining "don't want another independent review".
"They want change and they deserve a safe and respectful workplace."
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
Fullstop Australia 1800 385 578
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