#Me too, #You too? Sexual misconduct what s all the fuss? Kathy Tierney Career Embassy. Introduction to Workplace Compliance
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1 #Me too, #You too? Sexual misconduct what s all the fuss? Kathy Tierney Career Embassy
2 CAREER EMBASSY Accelerate Your Success! Me too, you too? Sexual misconduct, what s all the fuss?
3 Sexual misconduct in the workplace #me too Seriously Sexual misconduct in the workplace #me too Seriously
4 FACTS, FIGURES AND FEAR 01 STATISTICS TELL THE STORY 02 REALITY TELLS A SCARIER STORY 03 FEAR IS THE COMMON THREAD Australian Human Rights Phone Survey 2012 #You too? What is sexual harassment? Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which, in the circumstances, a reasonable person, aware of those circumstances, would anticipate the possibility that the person would feel offended, humiliated or intimidated. Sample size = 2002 people across Australia
5 Australian Human Rights Phone Survey % of people aged 15 years or older has experienced sexual harassment in the workplace in the previous 5 years 1 male : 5 females Men were more likely to be harassed by same sex (61% : 10%) 90% of females harassed by a male sexually suggestive comments or offensive jokes (55%), intrusive questions (50%) and inappropriate staring or leering (31%) Australian Human Rights Phone Survey 2012 Who were the Harassers? co-worker (52%) boss or employer (11%) and supervisor or manager (11%) The % of people who reported or sought support or advice, 20% made a formal report or complaint ( %). 29% sought support or advice ( %). Bystanders: 51% of respondents took action after witnessing or learning of an issue
6 Australian Human Rights Phone Survey 2012 Effectiveness of reporting or complaining about Harassment? 45% indicated that the sexual harassment stopped 74% were satisfied or extremely satisfied with the complaint process. Negative impact of reporting? 29% of those who reported experienced a negative impact on them (eg victimisation, demotion). This was an increase from 2008 (22%) and 2003 (16%). The Facts % of working Australian women under the age of 40 (1) Women and the Future of Work Report 2018 : University of Sydney (1) Sample size 1,800 women under the age of 40 (2) Focus Discussion Group Those women who had been sexually harassed in the workplace were all concerned that in raising the problem, it would limit their progression and that their employer would not sanction the perpetrator in any meaningful way. (2)
7 ???? Abuse of company internet systems: Pornography, cyber bullying, paedophiles HR Reality Verbal comments: direct sexual harassment; indirect harassment; and misunderstandings Physical actions: Brushing up against or, touching; patting, pinching or squeezing buttocks; kissing, hugging or massaging; grabbing breasts or tweaking nipples; grabbing male genitals; chasing around; graffiti Accusations of: affairs, abuse, stalking, photos, accessing phone I want to jump over the desk and kiss you right now don t you just love going to the gym and seeing all those naked beautiful bodies in the women s change room? but I am French, all I did was this gee, you re looking good I ve always wanted to do that are you wearing a bra today? When we are all alone and locked in I m going to chase you around my office
8 How is Australia responding? RECENT MOMENTUM IS EVIDENT: Human Rights Commission 2018 Survey Fair Work Commission - is taking action HIGH PROFILE CASES being dealt with quickly Sexual harassment is Social norms fear Fair reporting systems illegal State laws Federal Laws
9 Federal Laws: Australian Human Rights Act 1986 Sex Discrimination Act 1984 State Laws: ACT Discrimination Act 1991 NSW Anti-Discrimination Act 1977 NT Anti-Discrimination Act 1996 QLD Anti-Discrimination Act 1991 SA Equal Opportunity Act 1984 TAS Anti-Discrimination Act 1998 VIC Equal Opportunity Act 2010 WA Equal Opportunity Act 1984 SEX DISCRIMINATION ACT Max penalty 1 year imprisonment $10,800 or both 1. Risk Management Workplace compliance plus workplace culture Ignorance is no excuse Prevention rather than defending
10 3. Act quickly Investigate Employees must know sexual harassment and misconduct Is not acceptable fairly
11 Summary Ignorance is no excuse Recognise the potential risks Policies, procedures and practices Learn the warning signs and indicators to know if there is a bigger problem Act quickly, investigate fairly Provide proper support Implement a Whistle blower hotline Let s eradicate Sexual misconduct in the workplace Tarana Brown 2018 when receiving the award from Time Magazine Seriousl y
12 Thank you!
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