20 Years on: The Challenges Continue - Chapter 1
20 Years on: The Challenges Continue.
Chapter 1: HREOC's research on sexual harassment
1.1 Introduction
The Human Rights and Equal Opportunity Commission ("HREOC")
is an independent statutory authority established under the Human Rights
and Equal Opportunity Commission Act 1986 (Cth). It has a variety
of functions and powers to promote and protect the human rights of all
people in Australia. HREOC administers the Sex Discrimination Act 1984 (Cth) ("SDA"). Sexual harassment is a legally recognised form of sex discrimination.
Sexual harassment in certain areas of public life, including employment,
education, the provision of goods and services, and the administration
of Commonwealth programs is unlawful under the SDA.
Sexual harassment is unwelcome sexual conduct which makes
a person feel offended, humiliated and/or intimidated where that reaction
is reasonable in the circumstances. It is not sexual interaction, flirtation,
attraction or friendship which is invited, mutual, consensual or reciprocated. [2]
Sexual harassment is a perennial issue that presents
a barrier to women's full participation in the workplace and to the realisation
of gender equality. Since the introduction of the SDA HREOC has regularly
undertaken work on the issue and will no doubt continue to do so.
This paper, along with A Bad Business: Review of sexual
harassment in employment complaints 2002, [3] the updated Sexual Harassment in the Workplace: A Code of Practice
for Employers, [4] and related public
awareness material is the latest installment of HREOC's ongoing work on
this issue.
1.2 Complaints of sexual harassment in employment
In 2003 HREOC undertook a review of the sexual harassment
in employment complaints finalised by HREOC in 2002. That review, entitled A Bad Business: Review of sexual harassment in employment complaints
2002 [5] ("A Bad Business"), highlighted
the continuing problem, particularly for women in paid employment, of
sexual harassment.
The key findings of A Bad Business included that
reported sexual harassment in the workplace was predominantly by men against
women and involved multiple forms of harassing behaviour. Moreover, complainants
of sexual harassment were more likely to be relative newcomers to the
workplace and to be in a subordinate position to their alleged harassers.
Reported sexual harassment was found to be an issue for all forms of business,
and represented a significant cost to employers in terms of staff turnover
- only seven per cent of complainants were still known to be actively
working for the organisation where the alleged sexual harassment occurred
at the time the complaint was made to HREOC. [6]
These findings reinforced the need for HREOC to continue
to undertake public education and research on the issue of sexual harassment.
The data presented in A Bad Business do not show who is experiencing,
but not reporting, sexual harassment to HREOC. This includes sexual harassment
that is resolved between individuals and within organisations, as well
as sexual harassment that is continuing unchecked and unreported. In order
to obtain this information and to understand the extent and nature of
the problem in Australia, a national household telephone survey on the
incidence and nature of sexual harassment was commissioned.
1.3 National telephone survey
In July 2003 HREOC commissioned the Gallup Organization
to undertake a national telephone survey on the incidence and nature of
sexual harassment in the Australian community. This is the first such
national survey conducted in Australia to provide both an incidence rate
of sexual harassment generally and insight into the nature of sexual harassment
experienced in Australian workplaces within the last five years.
1.3.1 Purpose of the national telephone survey
The objective of this research was to provide a robust
quantitative analysis of the incidence and nature of sexual harassment
in the Australian community to accompany HREOC's A Bad Business publication reviewing the nature of reported sexual harassment in employment.
The telephone survey assessed:
- the incidence of sexual harassment among Australians aged between
18 and 64 years; - the experience of sexual harassment in the workplace, including:
- the type and duration of sexual harassment experienced;
- the characteristics and demographics of the victim and the harasser;
- the characteristics and demographics of the workplace;
- reporting behaviour and experience; and
- what people do when they observe or witness others being sexually
harassed in the workplace.
1.3.2 Design, methodology and limitations of the telephone
survey
Information regarding the design, methodology and limitations
of the telephone survey is contained in Appendix A. A copy of the telephone
survey questionnaire is attached at Appendix B.
A random national population sample was conducted of
1,006 persons between the ages of 18 and 64 years across Australia. One
hundred and fourteen in-depth interviews were obtained from the general
population sample of those who had been sexually harassed in the workplace
in the past five years. Eighty-six additional in-depth interviews were
conducted to boost the total sample size of these interviewees from the
114 obtained in the general population sample to 200 in total.
As the findings of the telephone survey are based on
differing sample sizes, the reliability of the data varies. We can be
statistically confident of findings based on the total population samples.
For statistics based on the sub-sample of 200 interviewees who experienced
sexual harassment in the last five years, we are still able to draw conclusions
that are relatively statistically sound. Of course, the smaller the sub-sample
size, the less reliable the data become. The sample sizes and the associated
margin of error are provided in the footnotes for each population. For
further information see Appendix A.
While a telephone survey is a relatively efficient method
of interviewing a large sample population, particularly where the topic
of the survey may be a sensitive issue for many people, it does have some
limitations. Some of these are discussed in Appendix A.
1.4 Comparing the data from the telephone survey and A Bad Business
One of the main functions of HREOC is to investigate
and conciliate complaints of discrimination in certain areas of public
life including employment, education, and the provision of goods and services.[7] Sexual harassment is one of the most common forms of sex discrimination
which HREOC routinely deals with. HREOC is also charged with fulfilling
the objects of the SDA, in particular the object to eliminate, so far
as possible, discrimination involving sexual harassment in the workplace,
in educational institutions, and other areas of public activity.[8]
The findings of A Bad Business indicated that
sexual harassment continues to be a problem for both the individuals harassed
and the organisations where they are employed, almost 20 years after the
introduction of the SDA.[9] These findings
are limited to complaints to HREOC and necessarily provide only a limited
perspective on the nature of sexual harassment experienced more broadly.
As referred to above at 1.3.1, this research was undertaken to provide
a robust quantitative analysis of the incidence and nature of sexual harassment
experienced by the Australian community, particularly in workplaces.
Comparing the results of A Bad Business with the
findings of the telephone survey provides the opportunity to consider
how reported and non-reported sexual harassment differ and how that may
affect an individual's decision to formally report the sexual harassment
to their employer or an external agency. Comparing the data provides an
insight for employers as to how grievance procedures and workplace policies
to prevent sexual harassment are perceived by employees who experience
sexual harassment.
Limitations with the comparison are discussed in Appendix A.
1.5 About this paper
Chapter 2 provides an overview of some of the main findings
of the national telephone survey, including the incidence of sexual harassment
in the community, and the nature and severity of sexual harassment experienced
in the workplace in the five years prior to the survey.
Chapter 3 compares the results of A Bad Business with the findings of the telephone survey in relation to the characteristics
of the sexual harassment experienced, the characteristics of the target
of the sexual harassment, the characteristics of the harasser, and the
characteristics of the workplace where the sexual harassment occurred.
Chapter 4 examines the results of the telephone survey
and A Bad Business in relation to who reports sexual harassment,
to whom it is reported, and management of complaints. It also provides
a number of findings as to why targets of sexual harassment do not report
it.
The concluding chapter provides a short overview of the
public policy framework which governs sexual harassment in Australia and
examines some of the implications of the findings of both the national
telephone survey and A Bad Business for the nature of any public
policy changes which might enable an improved response to sexual harassment.
1.5.1 A note about language
In the analysis of the telephone survey, the person surveyed
is referred to as the "interviewee" and those interviewees who have personally
experienced sexual harassment are referred to as "targets" of harassment.
The person who did the harassing is referred to as the "harasser" in the
telephone survey. While the term "harasser" is used to refer to the perpetrator
of the sexual harassment, we are not drawing any conclusions as to whether
sexual harassment would be proven in law.
In A Bad Business, the person harassed is referred
to as the "complainant" and the person who allegedly harassed is referred
to as the "respondent" (to the complaint).[10]
Footnotes
2. See Human
Rights and Equal Opportunity Commission Sexual Harassment in the Workplace:
A Code of Practice for Employers HREOC Sydney 2004, p10.
3. Human Rights and Equal Opportunity
Commission A Bad Business: Review of sexual harassment in employment
complaints 2002 HREOC Sydney 2003.
4. Human Rights and Equal Opportunity
Commission Sexual Harassment in the Workplace: A Code of Practice for
Employers HREOC Sydney 2004.
5. Human Rights and Equal Opportunity
Commission A Bad Business: Review of sexual harassment in employment
complaints 2002 HREOC Sydney 2003. A Bad Business was launched
on 12 November 2003 by the Sex Discrimination Commissioner and is available
from HREOC's website at http://www.humanrights.gov.au/sex_discrimination/bad_business/index.html.
6. See
Human Rights and Equal Opportunity Commission A Bad Business: Review
of sexual harassment in employment complaints 2002 HREOC Sydney 2003,
p7.
7. See Human Rights and Equal Opportunity
Commission A Bad Business: Review of sexual harassment in employment
complaints 2002 HREOC Sydney 2003, pp14-16 for an overview of HREOC's
complaints handling function.
8. Section 3 of the SDA provides:
The objects of this Act are:
(a) to give effect to certain provisions of the Convention on the Elimination
of All Forms of Discrimination Against Women; and
(b) to eliminate, so far as is possible, discrimination against persons
on the ground of sex, marital status, pregnancy or potential pregnancy
in the areas of work, accommodation, education, the provision of goods,
facilities and services, the disposal of land, the activities of clubs
and the administration of Commonwealth laws and programs; and
(ba) to eliminate, so far as possible, discrimination involving dismissal
of employees on the ground of family responsibilities; and
(c) to eliminate, so far as is possible, discrimination involving sexual
harassment in the workplace, in educational institutions and in other
areas of public activity; and
(d) to promote recognition and acceptance within the community of the
principle of the equality of men and women.
9. 2004 marks the 20th anniversary of
the SDA.
10. See Human Rights and Equal Opportunity
Commission A Bad Business: Review of sexual harassment in employment
complaints 2002 HREOC Sydney 2003, p15.
Executive Summary << Chapter 1 >> Chapter 2
Last updated:
24 March 2004.