#you too? sexual misconduct all the fuss?€¦ · introduction to workplace compliance copyright...

Introduction to Workplace Compliance

Copyright Career Embassy Pty Limited 2018 All Rights Reserved

#Me too, #You too?Sexual misconduct –what’s all the fuss?

Kathy Tierney Career Embassy



CAREER EMBASSYAccelerate Your Success!

Me too, you too?Sexual misconduct,what’s all the fuss?



Sexual misconduct in the workplace

Seriously#me too

Sexual misconduct in the workplace

Seriously#me too



01

03

02

STATISTICS TELL THE STORY

REALITY TELLS A SCARIER STORY

FEAR IS THE COMMON THREAD

FACTS, FIGURES AND FEAR

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

Australian Human Rights Phone Survey 2012

#You too?




Men were more

likely to be harassed

by same sex (61% :

10%)

90% of females harassed by a

male

1 male : 5 females 21% of people

aged 15 years or

older has

experienced

sexual

harassment in the

workplace in the

previous 5 years

sexually suggestive comments or

offensive jokes (55%),

intrusive questions (50%) and

inappropriate staring or leering (31%)

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

(2008 - 16%).

29% sought support or advice (2008-

30%).

Bystanders: 51% of respondents took

action after witnessing or learning of an

issue




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%).

Effectiveness of

reporting or

complaining about

Harassment?


The Facts 2018

10% of working

Australian women under

the age of 40 (1)

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)

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



HR Reality?? ?

?

Abuse of company internet systems:Pornography, cyber bullying, paedophiles

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

“but I am French, all I did

was this…”

“I want to jump over the desk

and kiss you right now”

“I’ve

always

wanted to

do that”

“gee, you’re

looking good”

“are you

wearing a bra

today?”

“When we are all

alone and locked

in I’m going to

chase you around

my office”

“don’t you just love going to the

gym and seeing all those naked

beautiful bodies in the women’s

change room?”



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

illegalState laws

Federal Laws

Social norms

fearFair reporting systems



SEX DISCRIMINATION ACT

1 yearimprisonment

Max penalty

$10,800 or both

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

Federal Laws:Australian Human Rights Act 1986

Sex Discrimination Act 1984

Workplace compliance plus workplace culture

Ignorance is no

excusePrevention rather than defending

1. Risk Management



3. Act quickly

Investigate

fairly

Employees must

knowsexual harassment and misconduct

Is not acceptable



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



Thank

you!

#you too? sexual misconduct all the fuss?€¦ · introduction to workplace compliance copyright...

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