Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697633445376.pdf (Australia)
12 July 2021 Committee Secretary Senate Education and Employment Committees PO Box 6100 Parliament House Canberra ACT 2600 Re: Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 I am pleased to provide the Workplace Gender Equality Agency’s (WGEA, the Agency) submission to the Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021.
WGEA is an Australian Government statutory agency created by the Workplace Gender Equality Act 2012, charged with promoting and improving gender equality in Australian workplaces.

We collect data from all non-public sector employers with over 100 employees against six key gender equality indicators.

We use this data to work collaboratively with employers and the public to improve the state of gender equality in workplaces.
The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 implements certain recommendations set out in the report Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report).

This is important, as the Respect@Work Report made clear the prevalence and pervasiveness of workplace sexual harassment in Australia.

Workplace sex-based harassment is a gender equality issue.
Evidence demonstrates that gender inequality is a cause of workplace sex-based harassment.

Its continued occurrence hinders the advancement of gender equality outcomes in Australian workplaces.

In Australia, more women than men experience sex-based harassment in the workplace.

This is due to gender norms and structures that perpetuate gender inequality.

Workplaces can take an active role in creating a workplace culture that promotes gender equality and prevents sex-based harassment.
The Agency’s dataset shows that employers are aware of the risks of workplace sex-based harassment.

The majority of employers who report to the Agency have formal policies or strategies and provide training to managers on sex-based harassment.

These mechanisms can be compliance driven and also promote the cultural change required to prevent workplace sex-based harassment.
Leading practice from the private sector demonstrates that well-articulated policies that are sensitive to the complex nature of workplace sex-based harassment are important to this cultural change.

Our submission draws on the Agency’s dataset, leading practice from the private sector, and recent research to demonstrate the critical role of employers in addressing sex-based harassment and advancing workplace gender equality outcomes.
The Agency looks forward to engaging in more detailed data collection and analysis on sex-based harassment in the future as a result of the National Inquiry into Sexual Harassment in Australian Workplaces and Recommendation 42 in the Respect@Work Report.

Thank you for the opportunity to comment on this important bill.
Regards Mary Wooldridge Director Workplace Gender Equality Agency | www.wgea.gov.au Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 July 2021 Submission to the Senate Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 The Workplace Gender Equality Agency (WGEA, the Agency) is pleased to present a submission to the Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021.
The WGEA is an Australian Government statutory agency charged with promoting and improving gender equality in Australian workplaces.

Under the Workplace Gender Equality Act 2012 (the Act), relevant non-public sector employers with 100 or more employees are required to report annually to the Agency against six gender equality indicators (GEIs).
The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) seeks to implement certain recommendations set out in the report Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report).

The Respect@Work Report reports on the prevalence and pervasiveness of workplace sexual harassment and identifies a number of measures to better address and prevent its occurrence in the workplace.
The Agency’s submission, therefore, provides relevant context on the gendered nature of sex- based harassment and presents the data which the Agency collects from employers on sex-based harassment and its importance for advancing workplace gender equality outcomes.
The Agency anticipates that it will engage in more detailed data collection and analysis on workplace sex-based harassment in the future as a result of the National Inquiry into Sexual Harassment in Australian Workplaces and Recommendation 42 in the Respect@Work Report: The Workplace Gender Equality Agency work with the Respect@Work Council to consider how good practice indicators for measuring and monitoring sexual harassment prevalence, prevention and response may apply to reporting in relation to sexual harassment under the Workplace Gender Equality Act 2012.
Key points • Workplace sex-based harassment is a gender equality issue.

The occurrence of workplace sex-based harassment reflects the norms, structures and practices that perpetuate gender inequality in society.

• More women experience workplace sex-based harassment than men, and this impacts their participation in the labour force.
Workplace Gender Equality Agency | www.wgea.gov.au 1 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 • Workplace sex-based harassment comes at a cost to individuals, organisations and the Australian economy, but employers can take steps to promote an organisational culture that prevents harassment and promotes gender equality.
• WGEA’s dataset shows that the majority of employers have a formal policy or strategy on sex-based harassment and discrimination and require training for managers.

• Leading practice from the private sector demonstrates the role of leadership and well articulated policies in addressing workplace sex-based harassment.
Sex-based harassment reproduces and reflects the state of gender equality in the workplace Sex-based harassment constitutes behaviour that treats a person less favourably because of their sex or gender.1 It can include derogatory attitudes, insults, or abusive remarks and behaviours that aim to marginalise an individual on the basis of sex or gender, and can overlap with sexual harassment.2 Sexual harassment has been characterised as unwelcome sexual conduct that a reasonable person would expect to be offensive, humiliating, or intimidating to the person being harassed.3 Sexual harassment can occur in any location or context, including in person, through explicit pictures, posters or gifts, and through online or other technology.4 The Bill clarifies the legal definition of sex-based harassment as “unwelcome conduct of a seriously demeaning nature” because of a person’s sex “in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.”5 Women are more likely to experience sex-based harassment than men, including in the workplace.
International evidence states that women with “more than one minority identity [are] the most likely to experience sexual harassment.”6 Although any individual can be subject to harassment, certain groups in Australia experience workplace sexual harassment at a higher rate.i This includes women.7 The Australian Human Right Commission’s 2018 National Survey on sexual harassment in Australian workplaces finds that one-third of Australians have experienced sexual harassment in the workplace in the past five years, with 39% of women and 26% of men reporting they had experienced workplace sexual harassment in the past five years.8 The majority of victims of workplace sexual harassment have identified their harasser as male.9 Organisational climate, job gender context,ii and power differentials can contribute to the occurrence of harassment in the workplace.10 The Respect@Work Report offers that “the key power imbalance driving sexual harassment in the workplace relates to gender” as well as other identities when they intersect with gender.11 Attitudes towards violence, gender roles and stereotypes, negative male peer relations that encourage sexism, a lack of accountability, and minimising a perpetrator’s actions, among other factors, contribute to the occurrence of workplace sexual harassment.12 Taken together, societal norms, structures and practices that reinforce gender inequality drive sexual harassment.13 Harassment in the workplace impacts women’s “full and equal participation” in the workforce.14 This means that sex-based harassment reproduces and reflects the norms, structures and biases that contribute to gender inequality in the workplace.
For instance, gender segregation in industries and occupations plays a role in that women in traditionally male-dominated roles or sectors of i In Australia, women, people under age 40, people who identify as gay, lesbian, bisexual, pansexual, queer, asexual, aromantic, undecided, not sure, questioning or other, people with an intersex variation, people who identify as Aboriginal or Torres Strait Islander, and people with disability are among those groups who have reported experiencing workplace sexual harassment at a higher rate (see Australian Human Rights Commission (2018), Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/everyones-business- fourth-national-survey-sexual).
ii Job gender context has been described “as the gender ratio in the workgroup and the nature of the job duties” relating to expectations and stereotypes about occupational gender segregation (Rubino C, Avery, DR, McKay, PF, Moore, BL, Wilson, DC, Van Driel, MS, Witt, LA & McDonald, DP (2018), And justice for all: How organizational justice climate deters sexual harassment.

Personnel Psychology, vol.

71, no.

4, pp.

519-544).
Workplace Gender Equality Agency | www.wgea.gov.au 2 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 employment may experience sex-based harassment at higher rates.15 Research finds that women in leadership roles are more likely to experience harassment,16 as are women who work in male- dominated sectors or workplaces that condone sexism.17 Women who work in male-dominated sectors of employment have reported being subject to gender-based harassment on a daily basis as “retribution for encroaching on traditionally male occupational domains.”18 In addition, research finds that individuals who work in more isolated conditions or confined and private spaces, such as domestic care workers, hotel workers,19 and healthcare workers,20 are more at risk of harassment, as are those who interact regularly with customers, such as those in retail trade.21 Many of these industries and occupations are female-dominated.22 Similarly, individuals in more precarious forms of employment are at increased risk of sexual harassment, and women are more likely to work in such positions.23 Since sexual harassment links to issues of power and maintenance of “the sex-based social hierarchy,”24 the way in which sexual harassment is addressed can reflect women’s position in the workforce and the state of gender equality.25 Sex-based harassment in the Australian workplace remains under-reported.26 Systems through which harassment can be addressed have been deemed “complex and confusing for victims and employers” and place the onus on the individual to file a complaint.27 People in non-standard or more precarious forms of employment as well as those who experience intersecting forms of discrimination or harassment may face particular challenges or be reluctant to file complaints.28 The persistence of harassment in the workplace comes at a cost to individuals, organisations and the Australian economy.29 Organisational processes in responding to sex-based harassment impact those both directly and indirectly
 affected by harassment.30 At the individual level, sex- based harassment in the workplace negatively affects well-being, mental, physical, and emotional health, job satisfaction, job performance and organisational commitment.31 It can lead to increased absenteeism and employee turnover, impacting one’s financial situation and career advancement.32 It also impacts interpersonal relationships at work.33 It can increase conflict among teams while decreasing job satisfaction and productivity,34 and affect workplace culture.35 Employee turnover, absenteeism and decreased productivity, in addition to legal fees often associated with claims of workplace sexual harassment, come at a cost to employers,36 as can reputational damage.37 A 2018 report by Deloitte estimates that workplace sexual harassment costs the Australian economy $3.5 billion annually, with lost productivity accounting for about $2.6 billion.38 Organisational climate, or workplace culture, “has the greatest impact” in preventing or condoning harassment at work.39 Workplace policies, procedures and practices contribute to an organisational climate on harassment.40 Moreover, research suggests that higher levels of gender equality in an organisation contributes to addressing sexual harassment41 and confronting sexist behaviours.42 WGEA data shows employers’ high level of awareness about the risks and liability of sex-based harassment Under GEI 6, any other matters specified by the Minister – sex-based harassment and discrimination, employers provide data to the Agency with respect to policies, strategies and training relating to sex-based harassment and discrimination in the workplace.
The Agency’s dataset shows that employers are aware of certain responsibilities to prevent sex- based harassment.

Through annual compliance reporting, the Agency collects data related to the prevention of sex-based harassment and discrimination.
The Workplace Gender Equality (Minimum Standards) Instrument 2014 (Minimum Standards) also requires a relevant employer with 500 or more employees to satisfy the minimum standards by having a formal policy and/or Workplace Gender Equality Agency | www.wgea.gov.au 3 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 strategy in place that supports gender equality in one of four areas.iii One of these areas is sex- based harassment and discrimination prevention.
For the 2019-20 reporting period, all organisations with 500 or more employees satisfied the minimum standard.

The Agency attributes this to the high proportion of employers (98.6%) with a formal policy and/or strategy in place for sex-based harassment and discrimination prevention.

The proportion of employers with a formal policy or strategy on sex-based harassment and discrimination prevention has been high since reporting to the Agency began in 2013-14 (see Figure 1).
In 2013-2014, 96.1% of employers had such a formal policy or strategy.
Figure 1: Percentage of employers with a formal policy or formal strategy on sex-based harassment and discrimination prevention Similarly, most employers include a grievance process in their policies or strategies, increasing from 96.2% in 2013-14 to 97.8% in 2019-20 (see Figure 2).43 iii The four areas are: gender composition of the workforce; equal remuneration between women and men; flexible working arrangements for employees, including those with family or caring responsibilities; and sex-based harassment and discrimination prevention.
Workplace Gender Equality Agency | www.wgea.gov.au 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 Figure 2: Percentage of employers with a grievance process in any sex-based harassment and discrimination prevention policy or strategy Through annual compliance reporting, employers also indicate whether training is provided to all managers on sex-based harassment and discrimination.
Since reporting to the Agency began, the proportion of employers providing training to all managers has steadily increased (see Figure 3).

In 2013-14, 77.6% of employers provided training to all managers on sex-based harassment and discrimination.

This has increased over 10 percentage points, with 88.5% of employers providing training to all managers in 2019-20.
Figure 3: Percentage of employers who provide training for all managers on sex-based harassment and discrimination prevention Workplace Gender Equality Agency | www.wgea.gov.au 5 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 The Agency’s dataset shows that the majority of employers have formal strategies and/or policies and provide training to managers on sex-based harassment and discrimination.
The Agency attributes this to employers’ high level of awareness about the risks and liability involved in sex- based harassment and discrimination, as set out in the Sex Discrimination Act 1984 (Cth) and applicable state-based and territory-based anti-discrimination and equal opportunity legislation.
Policies, strategies and training can link to the changes in attitudes and behaviour that are required for the prevention of sex-based harassment in the workplace.44 However, these measures can be compliance driven.45 The Agency recognises, as also stated in the Respect@Work Report, that these measures should be set within a holistic framework for addressing sex-based harassment in the workplace.46 Given the complex and sensitive nature of sex-based harassment in the workplace, whole-of-organisation approaches47 and multi-level interventions48 are required.
The Agency has taken steps to further understand the actions that employers are taking to prevent workplace sex-based harassment and discrimination and encourage a whole-of-organisation approach to addressing and preventing issues of workplace sex-based harassment and discrimination.

For the 2020-21 reporting period,iv the Agency has asked employers to provide data, on a voluntary basis, on the provision and frequency of training on sex-based harassment and discrimination prevention for all employees.
Research finds that training that includes employees across the organisational hierarchy contributes to a workplace culture with improved recognition of issues of sexual harassment.49 Training, therefore, sets expectations about behaviour and processes and can signal organisational commitment to addressing workplace harassment.50 In addition, the Agency will soon be collecting and analysing data from public sector organisations.
The Australian Government report, A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces, responds to the Respect@Work Report’s recommendations and includes a commitment to amend the Workplace Gender Equality Act 2012 (the Act) to require public sector organisations to report to the Agency.

The Australian Public Service will start reporting from 2022-23.

Pending legislative amendment, public sector organisations can report to the Agency on a voluntary basis.
Public sector reporting will mirror annual compliance reporting by non-public sector employers.

This additional data will create a more comprehensive and representative dataset on workplace gender equality in Australia and will contribute understanding about sex-based harassment in the Australian workforce.
Leading practice in the private sector: the role of policies and leadership in preventing and addressing sex-based harassment Organisations that report to the Agency under the Act may apply for the Agency’s Employer of Choice for Gender Equality (EOCGE) citation.

Employers, which are recognised through the citation, meet a rigorous set of criteria in relation to their internal workplace policies and practices and how they are driving change against gender equality outcomes beyond the workplace.
The citation reflects findings from the latest academic research into drivers of improved gender equality outcomes and consultation with gender equality experts, practitioners, industry groups and employers.51 The Agency’s criteria for the EOCGE citation places requirements on employers with regards to the prevention of sex-based harassment.
The EOCGE citation requirements for 2021-23 include:52 • a policy on the prevention of gender-based harassment and discrimination, sexual • harassment and bullying, with a formal grievance process in place the completion of trainingv on the prevention of gender-based harassment, discrimination, sexual harassment and bullying for the entire workforce at induction and every two years iv Annual compliance reporting for 2020-21 is currently underway, and results and findings will be released by the end of 2021. v The training must be provided to all employees, including managers, non-managers, contract and casual staff, and partners in partnership structures.
The training may be conducted online, face-to-face, via management and/or staff/team meetings or video presentation.
The training content must include: a legislative definition of gender-based harassment and discrimination, sexual Workplace Gender Equality Agency | www.wgea.gov.au 6 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 • tracking and reporting metricsvi related to gender-based harassment and discrimination and sexual harassment complaints to key management personnel and the governing body/board • public commitment by the chief executive officer (or head of business) to zero-tolerance of gender-based harassment and discrimination, sexual harassment and bullying at least every 12 months • consultation with all employees on gender equality through an anonymous survey every two years which asks for responses to the statement, “In my organisation gender-based harassment and sexual harassment are not tolerated”vii  to assess the lived experience of employees, a threshold must be met regarding zero- tolerance of gender-based harassment and sexual harassment  results of the employee survey must be reported to key management personnel and the governing body/board • no judgment or adverse final order made against the organisation by a court or other tribunal relating to gender-based harassment or discrimination and sexual harassment in the last three years.
A recent analysis of EOCGE citation holders identifies the steps that leading practice organisations are taking to address and prevent sex-based harassment in their workplaces.

Through their policies and practices, EOCGE organisations demonstrate recognition of the challenges and under-reporting of workplace sex-based harassment.

Therefore, policies outline what constitutes sexual harassment and make clear how sex-based harassment claims are managed, including processes and consequences.
EOCGE organisations also have policies which encourage intervention and reporting by observers.53 In support of these sex-based harassment policies and to encourage reporting, leading practice organisations also have strong grievance procedures in place.
These include clear, confidential, well-publicised and independent processes for escalating a grievance.54 In addition, leading practice organisations support and protect employees who are reporting the behaviour; take all complaints seriously; and ensure procedural fairness for those involved.55 Leading practice organisations also have a zero-tolerance policy to sex-based harassment and discrimination, with many organisations taking the view that it is their “moral and legal responsibility” to keep harassment out of the workplace.56 In addition, key performance indicators keep managers accountable to ensuring a discrimination-free and harassment-free workplace.
Research identifies leadership and manager accountability as important to addressing sex-based harassment in the workplace as well as contributing to respect and fairness in organisational processes for responding to sex-based harassment.57 The involvement of the board is also integral to fostering a culture that prevents sexual harassment at work.58 Indeed, the Respect@Work Report notes the role of leadership in contributing to a culture that does or does not condone harassment, with harassment less likely to occur when leaders reject such behaviour.59 Miscarriage leave The Bill also seeks to include miscarriage as a permissible occasion to access compassionate leave under the Fair Work Act 2009.
Access to leave due to miscarriage is an important measure to support working parents.
Miscarriage is a “workplace event,” accompanied by grief and affecting employee engagement with the workplace.60 The Agency does not collect data from employers harassment and bullying; definition of a workplace, rights and responsibilities of all the workforce; details of the grievance/complaints procedure; details of the internal and external contact support resources; and clear explanation of organisational expectations around conduct and consequences for respondents.
vi This includes the number and nature of complaints received, the process for responding to the complaint, time taken to resolve the complaint, outcomes for complainant and respondent, any organisation change following the complaint, complainant and respondent turnover, and where no complaints were received.

vii Survey questions need to be asked using a five-point scale (for example, ‘strongly agree’; ‘agree’; ‘not sure’; ‘disagree’; ‘strongly disagree’).
The method of conducting the survey is determined by the organisation; however, the process must facilitate anonymous participation and employers must provide to the Agency information about the method used.

Responses must be analysed by gender.

Workplace Gender Equality Agency | www.wgea.gov.au 7 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 about access to leave for miscarriage.
However, the Agency has documented the benefits and importance of paid leave and support for parents and carers.61 The Agency’s 2019-20 dataset shows that 52.4% of employers provide paid primary carer’s leave to women and men and 46.4% of employers provide paid secondary carer’s leave to women and men.
The majority of employers include adoption and over half include surrogacy and stillbirth in these paid leave measures.62 Conclusion Sex-based harassment reflects and perpetuates gender inequality in the Australian workplace.

Given the ways that sex-based harassment manifests in the workplace, employers have taken steps to address and prevent sex-based harassment.

Agency data shows a high proportion of employers with strategies, policies and manager training on sex-based harassment and discrimination.
Leading practice in the private sector demonstrates the role of clear and sensitive policies and leadership commitment in addressing sex-based harassment and progressing gender equality in the workplace.

1 Adapted from Australian Human Rights Commission (2014), Workplace discrimination, harassment and bullying, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/employers/workplace-discrimination-harassment-and-bullying.

2 Fine, C, Sojo Monzon, V & Lawford-Smith, H (2020).
Why Does Workplace Gender Diversity Matter?

Justice, Organizational Benefits, and Policy, Social Issues and Policy Review, vol.

14, no.

1, pp.36-72, https://doi.org/10.1111/sipr.12064; McDonald, P & Flood, M (2012), Encourage.

Support.

Act!

Bystander approaches to sexual harassment in the workplace, Australian Human Rights Commission, viewed 2 July 2021, available: https://humanrights.gov.au/sites/default/files/content/sexualharassment/bystander/bystander_june2012.pdf.
3 Australian Human Rights Commission (2014), Workplace discrimination, harassment and bullying, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/employers/workplace-discrimination-harassment-and-bullying.

4 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
5 Schedule 1, Item 60, Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021.

6 Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, In Hitt, MA & Aldag, RJ (eds.

), Oxford Research Encyclopedia of Business and Management, Oxford University Press, Oxford, UK, https://doi.org/10.1093/acrefore/9780190224851.013.191.
7 Australian Human Rights Commission (2018), Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/everyones-business- fourth-national-survey-sexual; Orifici, A (2019), The Promotion of Gender Equality at Work in Australia through Law and Policy: A Work in Progress, Japan Labour Issues, vol.

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8 Australian Human Rights Commission (2018), Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/everyones-business- fourth-national-survey-sexual.
9 Australian Human Rights Commission (2018), Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/everyones-business- fourth-national-survey-sexual; Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex- discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020.
10 Rubino, C, Avery, DR, McKay, PF, Moore, BL, Wilson, DC, Van Driel, MS, Witt, LA & McDonald, DP (2018), And justice for all: How organisational justice climate deters sexual harassment.

Personnel Psychology, vol.

71, no.

4, pp.

519-544; Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, In Hitt, MA & Aldag, RJ (eds.

), Oxford Research Encyclopedia of Business and Management, Oxford University Press, Oxford, UK, https://doi.org/10.1093/acrefore/9780190224851.013.191.
11 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
12 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020; McDonald, P & Charlesworth, S (2019), Academic Evidence on the Causes, Manifestations and Responses to Workplace Sexual Harassment: Initial Submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: Workplace Gender Equality Agency | www.wgea.gov.au 8 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 https://humanrights.gov.au/sites/default/files/Submission%20170%20- %20Prof%20P%20McDonald%20and%20Prof%20S%20Charlesworth.pdf.
13 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
14 McDonald, P & Charlesworth, S (2019), Academic Evidence on the Causes, Manifestations and Responses to Workplace Sexual Harassment: Initial Submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/sites/default/files/Submission%20170%20- %20Prof%20P%20McDonald%20and%20Prof%20S%20Charlesworth.pdf.
15 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020; Fine, C, Sojo Monzon, V & Lawford-Smith, H (2020).

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14, no.
14, no.

1, pp.36-72, https://doi.org/10.1111/sipr.12064.

16 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020; Folke, ), Rickne, J, Tanaka, S & Tateishi, Y(2020), Sexual Harassment of Women Leaders, Daedalus, vol.

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180–197, https://doi.org/10.1162/daed_a_01781.

17 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
18 Foley, M, Oxenbridge, S, Cooper, R & Baird, M (2020), ‘I’ll never be one of the boys’: Gender harassment of women working as pilots and automotive tradespeople, Gender, Work & Organisation, Online version of record before inclusion in an issue, https://doi.org/10.1111/gwao.12443.
19 Shaw, E, Hegewisch, A & Hess, C (2018), Sexual Harassment and Assault at Work: Understanding the Costs, Institute for Women’s Policy Research, Briefing Paper IWPR #B376, viewed 2 July 2021, available: https://iwpr.org/wp-content/uploads/2020/09/IWPR- sexual-harassment-brief_FINAL.pdf.
20 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
21 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.

22 For industry data, see WGEA (2020), Data Explorer, viewed 29 June 2021, available: https://data.wgea.gov.au/home.
23 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.

24 Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, In Hitt, MA & Aldag, RJ (eds.
), Oxford Research Encyclopedia of Business and Management, Oxford University Press, Oxford, UK, https://doi.org/10.1093/acrefore/9780190224851.013.191.

25 Zippel, KS (2006), The Politics of Sexual Harassment: A Comparative Study of the United States, the European Union, and Germany, Cambridge University Press, Cambridge, UK.

26 MacDermott, T (2020), The under-reporting of sexual harassment in Australian workplaces: are organisational processes falling short?, Legal Studies, vol.
40, pp.531-547, doi:10.1017/lst.2020.24.

27 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
28 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
29 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.

30 MacDermott, T (2020), The under-reporting of sexual harassment in Australian workplaces: are organisational processes falling short?, Legal Studies, vol.

40, pp.531-547, doi:10.1017/lst.2020.24.


31 Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, Oxford Research Encyclopedia of Business and Management, https://doi.org/10.1093/acrefore/9780190224851.013.191.
Workplace Gender Equality Agency | www.wgea.gov.au 9 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 32 Shaw, E, Hegewisch, A & Hess, C (2018), Sexual Harassment and Assault at Work: Understanding the Costs, Institute for Women’s Policy Research, Briefing Paper IWPR #B376, viewed 2 July 2021, available: https://iwpr.org/wp-content/uploads/2020/09/IWPR- sexual-harassment-brief_FINAL.pdf; Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, Oxford Research Encyclopedia of Business and Management, https://doi.org/10.1093/acrefore/9780190224851.013.191.
33 For research on the impact on relationships between women who are targets of harmful workplace experiences and their supervisors and co-workers, see Sojo, VE, Wood, RE & Genat, AE (2016), Harmful Workplace Experiences and Women’s Occupational Well-Being: A Meta-Analysis, Psychology of Women Quarterly, vol.

40, no.

1, pp, 10-40, https://doi.org/10.1177/0361684315599346.

34 Siuta, RL & Bergman, ME (2019), Sexual harassment in the workplace, In Hitt, MA & Aldag, RJ (eds.
), Oxford Research Encyclopedia of Business and Management, Oxford University Press, Oxford, UK, https://doi.org/10.1093/acrefore/9780190224851.013.191.

35 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
36 Shaw, E, Hegewisch, A & Hess, C (2018), Sexual Harassment and Assault at Work: Understanding the Costs, Institute for Women’s Policy Research, Briefing Paper IWPR #B376, viewed 2 July 2021, available: https://iwpr.org/wp-content/uploads/2020/09/IWPR- sexual-harassment-brief_FINAL.pdf.
37 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
38 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
39 United States Equal Employment Opportunity Commission, Select Task Force on the Study of Harassment in the Workplace (2016), Report of Co-Chairs Chai R Feldblum & Victoria A Lipnic cited in Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our- work/sex-discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020.
40 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
41 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.

42 Hamilton, KM, Snoeyink, MJ, & Martinez, LR (2019), Blurred lines: How to approach sexual harassment training when sexual harassment isn’t always about sex, Industrial and Organizational Psychology, vol.

12, no.

3, pp.
12, no.

3, pp.

345-349.

43 WGEA (2020), Data Explorer, viewed 29 June 2021, available: https://data.wgea.gov.au/home.

44 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020; Campbell, H & Chinnery, S (2018), What works?
Preventing and Responding to Sexual Harassment in the Workplace: A Rapid Review of Evidence, CARE Australia, viewed 2 July 2021, available: https://www.care.org.au/wp- content/uploads/2018/12/STOP-Rapid-Review.pdf.
45 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020; MacDermott, T (2020), The under-reporting of sexual harassment in Australian workplaces: are organisational processes falling short?, Legal Studies, vol.

40, pp.531-547, doi:10.1017/lst.2020.24.


46 See also Campbell, H & Chinnery, S (2018), What works?

Preventing and Responding to Sexual Harassment in the Workplace: A Rapid Review of Evidence, CARE Australia, viewed 2 July 2021, available: https://www.care.org.au/wp-content/uploads/2018/12/STOP- Rapid-Review.pdf.

47 See, for example, Campbell, H & Chinnery, S (2018), What works?
Preventing and Responding to Sexual Harassment in the Workplace: A Rapid Review of Evidence, CARE Australia, viewed 2 July 2021, available: https://www.care.org.au/wp- content/uploads/2018/12/STOP-Rapid-Review.pdf.

48 See, for example, Latham, JA (2020), Looking beyond training as a solution to workplace sexual harassment and discrimination, Industrial and Organisational Psychology, vol.

13 no.

2, pp.

168-173. doi:10.1017/iop.2020.24.


49 McDonald, P, Charlesworth, S, Graham, S (2015), Developing a framework of effective prevention and response strategies in workplace sexual harassment, Asia Pacific Journal of Human Resources, 53, pp.41-58, doi:10.1111/1744-7941.12046.

50 Campbell, H & Chinnery, S (2018), What works?


Preventing and Responding to Sexual Harassment in the Workplace: A Rapid Review of Evidence, CARE Australia, viewed 2 July 2021, available: https://www.care.org.au/wp-content/uploads/2018/12/STOP-Rapid- Review.pdf.

51 More information about the EOCGE citation is available at WGEA (2020), Employer of Choice for Gender Equality, viewed 2 July 2021 available: https://www.wgea.gov.au/leading-practice/employer-of-choice-for-gender-equality.
Workplace Gender Equality Agency | www.wgea.gov.au 10 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38 52 More detail about the EOCGE criteria can be accessed at the Agency’s website: https://www.wgea.gov.au/what-we-do/employer-of- choice-for-gender-equality.

53 Fitzsimmons, TW, Yates, MS & Callan, VJ (2020), Employer of Choice for Gender Equality: Leading practices in strategy, policy and implementation.
Brisbane: AIBE Centre for Gender Equality in the Workplace, viewed 3 July 2021, available: https://www.wgea.gov.au/sites/default/files/documents/UQ%20full%20report.pdf.

54 Fitzsimmons, TW, Yates, MS & Callan, VJ (2020), Employer of Choice for Gender Equality: Leading practices in strategy, policy and implementation.

Brisbane: AIBE Centre for Gender Equality in the Workplace, viewed 3 July 2021, available: https://www.wgea.gov.au/sites/default/files/documents/UQ%20full%20report.pdf.
55 Fitzsimmons, TW, Yates, MS & Callan, VJ (2020), Employer of Choice for Gender Equality: Leading practices in strategy, policy and implementation.

Brisbane: AIBE Centre for Gender Equality in the Workplace, viewed 3 July 2021, available: https://www.wgea.gov.au/sites/default/files/documents/UQ%20full%20report.pdf.

56 Fitzsimmons, TW, Yates, MS & Callan, VJ (2020), Employer of Choice for Gender Equality: Leading practices in strategy, policy and implementation.
Brisbane: AIBE Centre for Gender Equality in the Workplace, viewed 3 July 2021, available: https://www.wgea.gov.au/sites/default/files/documents/UQ%20full%20report.pdf.

57 MacDermott, T (2020), The under-reporting of sexual harassment in Australian workplaces: are organisational processes falling short?, Legal Studies, vol.

40, pp.531-547, doi:10.1017/lst.2020.24.


58 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.
59 Australian Human Rights Commission (2020), Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces, viewed 2 July 2021, available: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment- national-inquiry-report-2020.

60 Porschitz, ET & Siler, EA (2017), Miscarriage in the Workplace: an Authoethnography, Gender, Work & Organisation vol.

24, no.

6, pp.

565-578, doi:10.1111/gwao.12181.


61 See WGEA (n.d.), Parental leave, viewed 9 July 2021, available: https://www.wgea.gov.au/parental- leave#:~:text=Parental%20leave%20Parental%20leave%20is%20an%20employee%20benefit,sector%20employers%20provide%20acc ess%20to%20paid%20parental%20leave.

62 See WGEA (2020), Data Explorer, viewed 29 June 2021, available: https://data.wgea.gov.au/home.
Workplace Gender Equality Agency | www.wgea.gov.au 11 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 38