One Minute Summary

• Workplaces often accept low level sexual harassment either because it’s part of the accepted workplace culture or they simply do not understand what behaviours constitute sexual harassment.
• Such behaviours include inappropriate comments or questions, gender based insults, sexist jokes or uninvited/opportunistic touching or hugging etc. See below for more examples.  
• Female employees ignore or accept these behaviours for various reasons but mostly related to their relative power position, fear of any complaint affecting their income or their career and because they don’t trust the employer to deal with the complaint effectively and confidentially.
• The only option for senior management is to teach employees at all levels what behaviours constitute sexual harassment and then make it clear the workplace has a zero tolerance for these behaviours.
• And perhaps they can also save themselves ten’s of thousands in compensation settlement when the ‘no-win no-fee’ lawyers get involved.

A close friend of mine and I were talking about sexual harassment occurring in her workplace – a very large Australian employer. On being asked whether she had ever been harassed at her work she stated that she had – and that it happens to lots of women.

On asking her whether she had reported it she responded that she had not. She explained that low level sexual harassment was just accepted as part of the workplace culture by many women. On being pressed ‘why not’ she provided several reasons including that often the offenders were in a relative position of power and that it was safer not to say anything rather than risk a negative impact on their career which women had seen happen before. In respect to low level sexual harassment, it became apparent that:

• Her workplace was not a safe place for women at work.
• Her workplace was a safe place for the offenders.

As a male it can be hard understand this scenario. This is especially so where the employee may be in a subordinate role.

Last week I undertook a workplace investigation at a small financial services business concerning a male employee in his 50s who displayed some real behavioural issues. On interviewing the only female employee (who was younger) she provided an example where she was feeling unwell and lightheaded and was going out to purchase some food. The male staff member interjected and told her to also buy a pregnancy test from the Pharmacy.   

Unfortunately, while undertaking investigations, I’ve come across such similar situations too often.

The question is – do these types of behaviours happen at your workplace? 

Would you know if they did?

How would you respond?

In many workplaces low level sexual harassment is just accepted as part of the culture.  

Legally there is no definition of low-level sexual harassment, however in the real world it could include the following (and similar) types of behaviours which may be perceived as being less serious:

• inappropriate comments or questions about a person’s appearance or body
• staring or leering at a person or parts of their body
• sexualised or gender-based insults or offensive comments
• whistling or similar behaviours
• telling sexist or dirty jokes
• sexualised banter or crude/vulgar language
• making sexually suggestive comments, jokes or actions
• uninvited/opportunistic touching, massaging or hugging

The following is a common definition of sexual harassment:

Sexual harassment is behaviour of a sexual nature which is unwelcome and has the effect of offending, intimidating or humiliating the person being harassed.

In a workplace where the above behaviours are part of the culture offenders claim:

“I didn’t know it was unwelcome – she never said anything”

“I didn’t know she was offended, intimidated or humiliated – she never said anything”.  Or “it was just a little fun”.

So why would a female employee not complain and quietly accept this type of behaviour at work?

• Fears of retaliation such as being singled out, changes in working conditions, reduced shifts, etc.
• Concerns about career impact – a negative impact on her reputation and future promotions.
• Fear of being labelled a ‘troublemaker’ or ‘difficult’.
• A belief that nothing will happen or change anyway even if a complaint is made.
• Fear about her complaint confidentiality being breached.
• Having seen other employee’s complaints being ignored or mishandled.
• Feeling shame or humiliation about the incident and wanting to simply forget it.
• Unaware that a behaviour is actually sexual harassment because it so common there.
• Realisation that the investigation process around an event can be emotionally draining.
• Believing the behaviours experienced are normal and part of the culture.
• Feeling a power imbalance and feeling inferior and powerless in comparison.
• Believing there is a lack of support if she were to raise the issue.
• Questioning HR’s independence in any investigation and outcome.
• A lack of a complaint process in the workplace. Where can they get help?
• Job insecurity and fear of losing casual or contract work.
• Personal financial pressure and not wanting to risk their job.

Where low level sexual harassment was not part of the workplace culture these fears would generally not exist.

Senior management need to make a decision and determine who should feel safe in the workplace.

• Is your workplace a safe place for women? OR
• Is your workplace a safe place for the offender?

The only option for senior management is to:

• Teach employees at all levels what behaviours constitute sexual harassment.
• Make it clear that your workplace has zero tolerance for these behaviours.

No more excuses.

Commentary

Why?

Because it’s the right thing to do.

And perhaps also to save ten’s of thousands in compensation settlement when the ‘no-win no-fee’ lawyers get involved.

The laws around sexual harassment in the workplace have become much broader over recent years. They now include a variety of low-level behaviours.

With the evolution of workplace psychosocial hazards beyond the obvious WHS factors it will encapture the impact of sexual harassment.

Please contact Hunter Employee Relations for a complimentary copy of the Employer Guide to Bullying, Harassment and Discrimination.

Please contact Michael if you need assistance with employee briefings in relation to sexual harassment and/or bullying OR developing policies and procedures.

Kind Regards
Michael Schmidt
M 0438 129 728
[email protected]
www.hunteremployeerelations.com.au

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