Sexual Harassment What is Sexual Harassment Sexual harassment

Sexual Harassment

What is Sexual Harassment? Sexual harassment is a form of discrimination on the basis of sex. There a number of types of sex discrimination and harassment which are defined on the following slides.

Definitions Direct sex discrimination occurs when someone receives less favourable treatment than someone else in the same or similar circumstances on the grounds of their sex, marital status or pregnancy, eg • Not employing women as fork lift truck drivers or men as typists • Separate pay scales for men and women Indirect sex discrimination occurs in employment policies and practices which appear to be neutral but which actually adversely affect a higher proportion of people of one sex or marital status than of the other, eg • A rule which says stores’ officers must be six feet tall • A requirement of five years continuous service for appointment to a management position

Definitions continued: Sex based harassment is harassment directed at the recipient because she is a woman. It need not necessarily be of a sexual nature. It is usually based on some form of constant derogatory taunts and references about a person’s gender, eg • Deliberate displays of explicit pornography depicting women in degrading situations, • Male co-workers constantly reminding the harassed person that she is a woman which serves to reinforce a belief that ability and good performance in a woman are inferior to those shame qualities in a man. • Jokes/comments based on sex role stereotyping eg ‘dumb blond’ jokes

Definitions continued: Sexual harassment is can involve physical, verbal or non-verbal conduct of a sexual nature which is uninvited, unwelcome, and not reciprocated and which makes the recipient feel offended, humiliated or intimidated. Criminal offences can also be forms of sexual harassment which include physically molesting a person, indecent exposure, sexual assault and obscene communications (telephone calls, faxes, letters etc) Criminal action should be reported immediately to a responsible person in the organisation or to the police.

Sexual Harassment and the Law Sexual harassment is unlawful under the commonwealth Sex Discrimination Act 1984 and equal opportunity legislation in Victoria

Sexual Harassment – Some Myths MYTH: If you ignore sexual harassment, it will go away. FACT: Evidence suggests this is not the case. In one survey, 33% of those reporting sexual harassment tried to ignore the unwanted attention. In 75% of those cases the harassment continued or became worse.

Sexual Harassment – Some Myths MYTH: You can’t change human nature. Men and women have always been attracted to each other. FACT: Sexual harassment is not about mutual attraction. It is not difficult to distinguish what is unwelcome conduct of a sexual nature from welcome advances.

Sexual Harassment – Some Myths MYTH: A man has to see how far he can go. She can always say ‘no’. A firm ‘NO’ is enough to discourage any man. FACT: This doesn’t account for the imbalance of power in relationships which often exists in workplaces – a woman may not feel able to say no. As above, it implies mutual attraction. For some men, no is seen as a reason to try harder.

Sexual Harassment – Some Myths MYTH: Women are really to blame. The way girls dress these days, they’re asking for trouble. FACT: This is based on the false assumption that men can’t control their behaviour and take responsibility for their own actions. Women of all ages, physiques etc. , are harassed and have been for decades regardless of how they were dressed.

Sexual Harassment – Some Myths MYTH: Women who object to sexual harassment have no sense of humour or are over-reacting to harmless behaviour. FACT: Sexual harassment can have extremely serious consequences. It can damage careers, impair work performance and affect a person’s physical and psychological health. It is neither funny nor harmless.

The Effects of Sexual Harassment • Workers may lose the chance for promotion or even a job; • Stress – fear of being blamed, ridiculed or disbelieved; • Self doubt, humiliation, depression; • Physical symptoms; • Loss of self-worth; • Cost to the business: absenteeism, recruiting replacements, low worker morale. This can be found in more detail at the end of the presentation if you are interested to read further

The Three Point Test 1. Is the behaviour of a sexual nature? 2. Is it unwelcome? 3. Would a reasonable person have anticipated it being offensive, humiliating or intimidating?

Case Study #1 Alan asks his workmate Penny to have sex with him. Penny tells him no and says that he shouldn’t ask her again as she will not be changing her mind. Alan doesn’t listen and keeps on asking her. He has a bet with some other male workers that he will have sex with her before Christmas. Apply the three point test: 1. Is the behaviour sexual in nature? 2. Is it unwelcome? 3. Would a reasonable person have anticipated it being offensive, humiliating or intimidating?

Case Study #2 A group of men have a number of magazines with pictures of nude women on the table in the lunch room. The women who work in the company feel embarrassed and uncomfortable with the magazines on display. Apply the three point test: 1. Is the behaviour sexual in nature? 2. Is it unwelcome? 3. Would a reasonable person have anticipated it being offensive, humiliating or intimidating?

Case Study #3 Jill has told her workmates that she does not like to be asked questions about her sex life with her husband. Two of her workmates continue to ask her questions about her relations with her husband in front of other workers to embarrass her. Apply the three point test: 1. Is the behaviour sexual in nature? 2. Is it unwelcome? 3. Would a reasonable person have anticipated it being offensive, humiliating or intimidating?

Sexual Harassment & Federal Law Criminal Offences Forms of sexual harassment which may constitute criminal offences include: • Physically molesting a person • Indecent exposure • Sexual assault • Obscene communications (telephone calls, faxes, letters, emails etc. ). In a recent survey of business email across US, UK and Australia – 28% of people send potentially obscene email while at work – 51% of people had been exposed to unsolicited pornographic material

Sexual Harassment & Federal Law Criminal Offences Criminal offences will be reported to police and may result in summary dismissal.

Sexual Harassment & Federal Law Lessons from Case Law 1. A single act may be sufficient for it to be found that sexual harassment did occur. The federal legislation, unlike some state laws, does not require sexual harassment to be repeated or continued. 2. The onus of proof rests with the complainant. The standard of proof which applies is that sexual harassment be proved to have taken place “on the balance of probabilities”, not “beyond reasonable doubt” as is the case in criminal trials.

Lessons from Case Law continued: 3. Innocent intent is no defence. Certain behaviour can amount to sexual harassment even if the harasser did not intend to cause offence. 4. Sexual harassment which occurs outside of work premises or time may constitute harassment if the function was funded by the employer (eg the Christmas party) or if the employee was required to attend or if the harassing behaviour subsequently impinges on the work environment. 5. An employer who is unaware that discrimination or harassment is happening cannot use that as a defence, as they must take active steps to ensure that neither occur.

In Summary: • Sexual harassment is not usually sexually motivated • It is unwanted and unwelcomed behaviour • It is an expression of power and is usually practiced without regard to the victim’s appearance or behaviour • It is not consensual sexual behaviour between two people

Effects on the victim could be: • Feeling humiliated, angry, helpless, frightened, guilty • A destroyed feeling of self-worth • Emotional stress causing depression, insomnia, anxiety etc. • Reduced job performance, loss of job • Fear of being blamed, ridiculed, victimised, disbelieved

Effects on the wider workforce could be: • Reduced job performance for team • Potential safety problems due to distraction • Divisions in the group • Absenteeism – cost to management • Loss of skills

The easy way to think about it: If the answer to either of the following questions is ‘No’ then chances are it’s not okay. • “Would I be happy for my daughter/wife/ mother/sister to see this material or be experiencing this type of attention? ” • “If I made this ‘picture’ poster size and put it at the reception desk for all to see would it be appropriate? ”

Grievance Procedure 1. Speak to Office Manager 2. If the matter needs further attention or investigation the office manager will discuss the matter with upper management to establish the necessary course of action 3. Where necessary an action plan is put in place.

The Action Plan will seek to… • Stop the offending behaviour immediately • Reprimand and/or counsel the offender • Counsel the complainant • Organise conciliation between the complainant and the offender • Ensure a follow up meeting within two weeks of the initial complaint

Dismissal • Sexual harassment that continues after a the offender has been reprimanded will constitute a warning letter to be filed in their personnel file. • Offences of a criminal nature will be reported to the police and may lead to summary dismissal.

For more information: 1. Please speak to Natalie Allinson or Peter Mc. Mahon if you have any questions regarding this presentation or any other related matters. 2. The Zi-Argus sexual harassment policy, including procedures for filing a grievance, can be found in the Human Resources systems manual in section 4. 6.

The Effects of Sexual Harassment – Detailed information 1. 2. 3. 4. Sexual harassment can have a very destructive effect in the workplace and should be recognised as a workplace issue, not just an individual’s personal problem. Sexual harassment may be one of the most serious and widespread, yet unrecognised, occupational hazards women workers face. Sexual harassment has many job related effects. Workers may be transferred or lose a chance for a promotion; they may receive lower wages and benefits, or even lose their jobs because they have refused the sexual advances of a superior. Many women feel unable to speak up about sexual harassment and this in itself can cause stress at work. They fear being blamed, victimised, ridiculed or disbelieved. It is often difficult to pinpoint a specific action which was offensive in cases of continue subtle harassment. It may often be trivialised or treated as a joke and they may risk losing the approval of their workmates as well as bosses. There are many psychological effects associated with sexual harassment, including: self-doubt, denial and self-blame, humiliation, loss of interest in work, a loss of trust, anger and depression.

The Effects of Sexual Harassment – Detailed information continued: 5. 6. 7. Some of the physical injuries associated with sexual harassment are stress related and some are caused by pranks and acts of violence. Examples of physical injuries include: severe and persistent headaches and stomach pains, sleeping and eating disorders, miscarriage, gastrointestinal problems, and injuries associated with pranks, assault or rape. Several studies have shown that victims of sexual harassment may experience reactions similar to those found in victims of traumas like rape or assault. One study found that safety problems were worsened where women suffered from sexual harassment on the job. Another study found that sexual harassment affects victims’ feelings about work and general self-worth; and that the more a woman suffers sexual harassment, the lower is her self-esteem and general feelings of satisfaction with life. Sexual harassment has negative consequences for businesses as well. The cost of ignoring sexual harassment at work are substantial due to: absenteeism, costs of recruiting and training a replacement worker, low worker morale, high worker turnover, reduced loyalty, costs associated with staff time to investigate complaints, and, of-course increased legal fees.