Sexual Harassment

In some pretty shameful statistics it seems that 28 per cent of women in Australia's workforce have personally suffered from sexual harassment.

Women under 45 are at the greatest risk of harassment in the workplace and those who have been at work for less than a year.

The survey found that seven per cent of men were sexually harassed at work - nine per cent of them by other men. In more than a third of cases the alleged harasser was a boss or employer, 48 per cent a co-worker and 16 per cent a client or customer.

Just under one third (32 per cent) of victims stated they made a formal complaint about the sexual harassment, although the survey found that women were more likely to do so than male recipients.

However, only one per cent of victims made official complaints to the Human Rights and Equal Opportunity Commission (HREOC) or other official bodies. The reasons given included dealing with the problem themselves (26 per cent), or not serious enough (25%) to warrant it. Almost half said they did not have faith in the process.

The figures are from a national telephone survey conducted by the Human Rights and Equal Opportunity Commission.

Half of the respondents to the survey deemed the harassment as being very or extremely offensive, and 40 per cent of them thought it very or extremely intimidating.

Harassment comes in all forms, according to the HREOC, and includes staring or leering, unwelcome touching, offensive jokes, surfing pornographic websites, sending obscene SMS messages or unnecessary familiarity.

In July an Australian lawyer was paid more than $1million in damages by the international investment banker Merrill Lynch after a senior executive had sexually harassed her. The 29-year-old woman had been told she had a "great cleavage" and "great waps (breasts)" while working for the company in London.

The complaint was against a former senior executive who, while allegedly drunk at a Christmas lunch, had made the comments and grabbed her. It should be noted that after making her complaint, the lawyer was isolated and given the cold shoulder by colleagues and has been left anxious, depressed and emotional.

Sexual harassment includes:

· unwelcome touching, hugging or kissing
· staring or leering
· suggestive comments or jokes
· sexually explicit pictures
· unwanted invitations to go out or requests for sex
· intrusive questions about private life or body
· unnecessary familiarity
· insults based on your sex
· sexually explicit emails or SMS messages
· accessing sexually explicit internet sites
· behaviour which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

What to do:

· Warn the harasser you find their attentions unwelcome
· Tell your immediate superior
· Note down incidents
· Contact your union
· Contact the Human Rights and Equal Opportunity Commission

Sexual harassment is not sexual interaction, flirtation, attraction or friendship which is invited, mutual, consensual or reciprocated.

Here is the official test for sexual harassment:

The behaviour must be unwelcome.
It must be of a sexual nature.
It must be such that a reasonable person would anticipate that the victim would be offended, humiliated or intimidated.

Employers who allow or turn a blind eye to sexual harassment in the workplace can themselves be held accountable for such incidents. It is called "vicarious liability" and there are heavy fines that can be levied against them.

Employers who are liable are also much more likely to pay compensation to a victim because of their better financial capacity than that of the actual harasser. If you are a victim of workplace harassment then click here for more information from the Human Rights and Equal Opportunity Commission.

Examples (as provided by the Human Rights and Equal Opportunity Commission website)

• Jodie, 19, was a new casual receptionist for a mid-sized company whose manager allegedly started to send sexual SMS messages and pictures to her mobile phone. She was also offered $1500 to spend a night with him at a hotel. The manager also allegedly threatened to squeeze her nipples, pinched her upper thighs, massaged her neck and shoulders, rubbed up against and promised a full-time job if she gave him a kiss and cuddle. She was twice formally warned for her work performance and attendance, and felt that she was forced to resign. Jodie lodged a complaint with the Human Rights and Equal Opportunity Commission against the manager for sexual harassment and against her former company for vicarious liability. She was paid $10,000 by the latter and the manager forked out $5000 in general damages.
  

• A casual shop assistant in a fruit shop was sexually harassed by the owner and manager who made comments such as "you have nice coconuts", "I want to see how far you can stick that bottle in your mouth" and "you're making me cum in my pants." Apart from the unwanted sexual references the manager was accused of threatening to cut her hours unless he could touch her. On occasions he also rubbed himself up against her back. A complaint resulted $4500 compensation, a written apology and the manager having to attend a training course for employers on sexual harassment and bullying.