Dealing with sexual harassment
Sexual harassment is in the news with the news of Kristy Fraser-Kirk launching a $37 million lawsuit against David Jones, and if you are one of those people who have experienced harassment but not reported it in the past, it might be a good time to remind you of your rights.
In 2008, an Australian Human Rights Commission telephone survey found that 22% of Australian women have experienced sexual harassment at work - that is, more than one in five women between the ages of 18-64 - but only about half of those women reported it to their employer.
Some employers will have good sexual harassment and discrimination policies that help employees understand what they should do in the case of harassment, but sadly, most employers fail to take the subject seriously, and often fail to support women who are experiencing sexual harassment at work.
What is sexual harassment?
Sexual harassment is a form of bullying that is defined in legal terms as behaviour of a sexual nature that is unwelcome and likely to offend, humiliate or intimidate. It can take the form of comments of sexual nature (for example, about sexual orientation, body shape, sexual experience, etc.), sexual assault or sexual teasing.
It doesn't have to involve direct physical contact of direct verbal contact.
Examples of sexually harassing behaviours can include:
- unwelcome touching, grabbing or other physical contact
- comments that have sexual meanings
- asking for sex or sexual favours
- leering and staring
- displaying rude and offensive material (e.g., screensavers, calendars, cartoons)
- sexual gestures and body movement
- sexual jokes and comments
- questions about your sex life
- sex based insults
- criminal offences such as obscene phone calls, indecent exposure and sexual assault
Under the Sex Discrimination Act, 1984, sexual harassment in the workplace is not legal. Everyone has the right to work in an environment where they are free from harassment, bullying, discrimination or violence.
All employers are obliged to provide a harassment-free workplace where everyone can get on with their job. If they fail to do this, they can be held legally responsible for acts of sexual harassment committed by their employees.
What do I do if I am being sexually harassed?
If you think you are being sexually harassed, you need to try to solve the problem through your workplace's internal processes. Contact the Human Resources Officer and ask if the organisation you work for has a sexual harassment complaint procedure. Alternatively, the Health & Safety Representative or the Grievance Officer can help.
It is really important that you tell someone what is happening.
If none of these avenues work, you can also contact your union who can provide you with advice about your options and your rights. There is a union for all workers. If you are not a member of your union, or would like to find out which union is applicable to you, contact Unions Australia (phone 1300 486 466).
It is also a good idea to keep a diary that documents everything that happens, including what you have dont to try to stop the sexual harassment. This might come in hand if you make a complaint.
Because sexual harassment is a form of discrimination, the Equal Opportunity Commission in your State can also help you. A list of contacts for all the State governments' anti-discrimination organisations is available on the Equal Opportunities at Work website.
The Australian Human Rights Commission can also investigate sexual harassment complaints (phone 1300 656 419).
Sexual harassment may also give rise to a workers' compensation claim. To do this, you will need to contact the Workers' Compensation organisation in your State or your union.
Lastly, sexual harassment behaviour may also be criminal behaviour. If you think this is the case, you should contact the police.
If you need legal advice, you can contact the Legal Aid service in your State.