Battle of the sexes still being waged
Elizabeth Broderick. Pic by: Bob Finlayson
A rise in sexual harassment claims is posing a 21st-century challenge for working women. Women already face considerable challenges in the workplace - securing equal pay for equal work, ensuring strong representation of women in executive positions and making the difficult decisions about balancing children with a career.
A rise in sexual harassment claims in the past 12 months poses another workplace barrier. Sexual harassment is increasing and the methods are more invasive.
According to the Human Rights and Equal Opportunity Commission, the number of complaints under the Sex Discrimination Act jumped sharply in the past year. On average, since the beginning of the decade, about 350 sexual discrimination complaints have been made each year to the Commission.
However, in 2006-07 this figure jumped by almost 40 per cent to 472, which Sex Discrimination Commissioner Elizabeth Broderick says is largely a result of changes in industrial relations laws.
She says before 2006-07 the number of complaints had remained stable.
"We are seeing more sexual harassment complaints," she says. "There was some anticipation of that when the WorkChoices legislation came in and unfair dismissal provisions were removed. The prediction was that we would see some increase."
She says increased awareness about rights at work, including discrimination issues, also contributed to the rise.
University of NSW Australian School of Business associate head of school Julie Cogin says the actual number of harassment claims is probably much higher.
"It's important to understand that less than 5 per cent of people who experience sexual harassment in the workplace actually make a claim," Cogin says, adding that the figure could be as low as 1 per cent.
"Those figures still hide the increasing prevalence of it [sexual harassment]."
Research conducted by Cogin in 2006 found 34 per cent of men and 62 per cent of women had experienced a sexual harassment episode at work.
"I did a survey five years ago and the figure was around 15 per cent for men," she says. "Even though women are still the main targets that is a pretty big jump for men."
She says there are some misperceptions regarding harassment and male bosses.
"Harassment is very much coming from the customers, especially for service workers," Cogin says.
Because businesses depend on customers, managers tend to be more accommodating, which means service workers are quite constrained in how they respond, she says.
"Say for instance a customer checks in to a five-star hotel and they proposition the person serving them or make lewd comments, the service worker, whose reward systems and incentive systems are designed to meet customer satisfaction levels, feels they can not respond in the way they want to," she says.
While Cogin says most sexual harassment still happens in a one-on-one interaction, other academics say technology is increasing covert forms of discrimination.
"If you are talking about bullying I would say that [technology] is becoming a huge part," she says.
Queensland University of Technology postdoctoral research fellow Paula McDonald labelled it "cyber-sleaze" in a 2006 study. She says offensive text messages, email pornography and digital photos are just some of the forms of modern technology making workers more vulnerable to sexual harassment at work.
Sexual harassment is still rife in the workforce, with prevalence as high as 50 per cent in certain occupations, McDonald says.
"Women are often made to feel as though they are whingers who can't take a joke, that they're blowing things out of proportion, they're not good-natured enough to enjoy a bit of sexual banter," she says.
Number of claims
* 1999-2000: 325
* 2000-01: 339
* 2001-02: 399
* 2002-03: 380
* 2003-04: 353
* 2004-05: 384
* 2005-06: 347
* 2006-07: 472
* Source: Human Rights and Equal Opportunity Commission
There are several avenues open to people who feel they have been sexually harassed at work.
The Attorney General's Law Link website (www.lawlink.nsw.gov.au) has a fact sheet on harassment and what to do if you have been sexually harassed.
As well as speaking to the person, or taking the matter to the human resources department, the website also suggests contacting the relevant trade union for help. If a person believes they have been assaulted they can also contact the police. If dealing with the matter internally fails to deliver a satisfactory outcome, complaints can be made in writing to the president of the NSW Anti-Discrimination Board. The board will then investigate the matter and try to negotiate a private settlement.
If an agreement can't be reached, the matter can proceed to the Equal Opportunity Division of the Administrative Decisions Tribunal for a legal judgment.
The Daily Telegraph, April 5, 2008
A rise in sexual harassment claims in the past 12 months poses another workplace barrier. Sexual harassment is increasing and the methods are more invasive.
According to the Human Rights and Equal Opportunity Commission, the number of complaints under the Sex Discrimination Act jumped sharply in the past year. On average, since the beginning of the decade, about 350 sexual discrimination complaints have been made each year to the Commission.
However, in 2006-07 this figure jumped by almost 40 per cent to 472, which Sex Discrimination Commissioner Elizabeth Broderick says is largely a result of changes in industrial relations laws.
She says before 2006-07 the number of complaints had remained stable.
"We are seeing more sexual harassment complaints," she says. "There was some anticipation of that when the WorkChoices legislation came in and unfair dismissal provisions were removed. The prediction was that we would see some increase."
She says increased awareness about rights at work, including discrimination issues, also contributed to the rise.
University of NSW Australian School of Business associate head of school Julie Cogin says the actual number of harassment claims is probably much higher.
"It's important to understand that less than 5 per cent of people who experience sexual harassment in the workplace actually make a claim," Cogin says, adding that the figure could be as low as 1 per cent.
"Those figures still hide the increasing prevalence of it [sexual harassment]."
Research conducted by Cogin in 2006 found 34 per cent of men and 62 per cent of women had experienced a sexual harassment episode at work.
"I did a survey five years ago and the figure was around 15 per cent for men," she says. "Even though women are still the main targets that is a pretty big jump for men."
She says there are some misperceptions regarding harassment and male bosses.
"Harassment is very much coming from the customers, especially for service workers," Cogin says.
Because businesses depend on customers, managers tend to be more accommodating, which means service workers are quite constrained in how they respond, she says.
"Say for instance a customer checks in to a five-star hotel and they proposition the person serving them or make lewd comments, the service worker, whose reward systems and incentive systems are designed to meet customer satisfaction levels, feels they can not respond in the way they want to," she says.
While Cogin says most sexual harassment still happens in a one-on-one interaction, other academics say technology is increasing covert forms of discrimination.
"If you are talking about bullying I would say that [technology] is becoming a huge part," she says.
Queensland University of Technology postdoctoral research fellow Paula McDonald labelled it "cyber-sleaze" in a 2006 study. She says offensive text messages, email pornography and digital photos are just some of the forms of modern technology making workers more vulnerable to sexual harassment at work.
Sexual harassment is still rife in the workforce, with prevalence as high as 50 per cent in certain occupations, McDonald says.
"Women are often made to feel as though they are whingers who can't take a joke, that they're blowing things out of proportion, they're not good-natured enough to enjoy a bit of sexual banter," she says.
Number of claims
* 1999-2000: 325
* 2000-01: 339
* 2001-02: 399
* 2002-03: 380
* 2003-04: 353
* 2004-05: 384
* 2005-06: 347
* 2006-07: 472
* Source: Human Rights and Equal Opportunity Commission
There are several avenues open to people who feel they have been sexually harassed at work.
The Attorney General's Law Link website (www.lawlink.nsw.gov.au) has a fact sheet on harassment and what to do if you have been sexually harassed.
As well as speaking to the person, or taking the matter to the human resources department, the website also suggests contacting the relevant trade union for help. If a person believes they have been assaulted they can also contact the police. If dealing with the matter internally fails to deliver a satisfactory outcome, complaints can be made in writing to the president of the NSW Anti-Discrimination Board. The board will then investigate the matter and try to negotiate a private settlement.
If an agreement can't be reached, the matter can proceed to the Equal Opportunity Division of the Administrative Decisions Tribunal for a legal judgment.
The Daily Telegraph, April 5, 2008
