#you too? sexual misconduct all the fuss?€¦ · introduction to workplace compliance copyright...
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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
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
CAREER EMBASSYAccelerate Your Success!
Me too, you too?Sexual misconduct,what’s all the fuss?
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
Sexual misconduct in the workplace
Seriously#me too
Sexual misconduct in the workplace
Seriously#me too
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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?
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
Australian Human Rights Phone Survey 2012
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
Australian Human Rights Phone Survey 2012
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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?
Australian Human Rights Phone Survey 2012
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
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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?”
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
3. Act quickly
Investigate
fairly
Employees must
knowsexual harassment and misconduct
Is not acceptable
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
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
Introduction to Workplace Compliance
Copyright Career Embassy Pty Limited 2018 All Rights Reserved
Thank
you!