Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694499831313.pdf (Australia)
Myth Busting Sexual Harassment at Work USING EVIDENCE TO DEBUNK COMMON MYTHS AND ASSUMPTIONS.

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 CREATING SAFE RESPECTFUL WORKPLACES FOR ALL.
23% of women have experienced sexual harassment at work in Australia in the last year 16% of men have experienced sexual harassment at work in Australia in the last year According to the Australian Human Rights Commission, in the last 12 months, 23% of women and 16% of men have experienced sexual harassment at work in Australia.1 Sexual harassment has been unlawful in Australian workplaces since 1984 and so for well over three decades, employers have invested in policies, awareness raising, and training.
But in 2018, it remains as prevalent as ever.

DCA members are at the forefront of responding to and preventing sexual harassment in organisations across Australia.

We know from their experience that a critical stumbling block for organisations are the myths and misconceptions about what sexual harassment is, its impact on organisations and individuals, and what we can do stop it.

In this guide, we use research to debunk some of those common myths and misconceptions.
And we provide frameworks for action so that employees and workplaces can stand up for safety and respect at work.

2 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 CONTENTS.

MYTH #1: People who get offended just can’t take a joke or are too sensitive.

MYTH #2: It’s just boys being boys.

MYTH #3: You should take it as a compliment.

MYTH #4: But they’re one of our top performers...


MYTH #5: It’s all gone too far – we can’t say or do anything these days!

MYTH #6: I don’t want to get involved – it’s none of my business.

MYTH #7: It only happens to [straight-cis] women.

MYTH #8: It’s mainly just senior men taking advantage of their secretaries.

10 Ways Organisations Can Stand Up for Safety and Respect at Work.

Your ‘Go To’ Resources.

Endnotes.

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3 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 1.

For both men and women the MOST COMMON TYPE of harassment is offensive sexually suggestive comments or sexist jokes.

PEOPLE WHO GET OFFENDED JUST CAN’T TAKE A JOKE OR ARE TOO SENSITIVE.

REALITY: IT’S NOT FUNNY IF IT’S AT SOMEONE ELSE’S EXPENSE.
People are sometimes surprised to find that what they meant as a joke was experienced as offensive, insulting, intimidating or unwelcome.

It’s easy in this situation to assume the other person mustn’t have a good sense of humour or is too sensitive.

On the flip side, sometimes people will even try to defend inappropriate comments as a ‘joke’ even when it was not intended that way.i A dripping tap has power.

It’s easy to dismiss a couple of jokes or comments as insignificant.
But casual jokes or comments repeated over time have a cumulative dripping- tap effect.

• Research shows that exposure to frequent small incidents such as sexist jokes or comments causes just as much damage as a ‘one- off’ more extreme experience (e.g.
unwanted sexual touching or threatening retaliation for lack of sexual favours).2 • In fact, all forms of sexism have been shown to be equally harmful to people’s workplace well- being – resulting in mental and physical health problems, lower life satisfaction, dissatisfaction with jobs, organisations and relationships with colleagues.3 i Though it’s important to understand that either way, it doesn’t matter – the test for harassment is how the comment is received by the people who hear it – not whether or not the person making the comment meant to offend.
4 4 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 CONTINUUM OF SEXUAL HARM 4.. Beliefs and attitudes Comments and jokes Invasions of space Unwanted touch • Grabbing / touching • Forced or coerced kissing Beliefs that: • Victims are to blame • Violence is normal • Males should be in control • Males are entitled to sex • Females are sex-objects • Females are less valuable etc.
• Sexist and violence- supportive comments • Inappropriate jokes and comments • Unwanted or uninvited sexual attention (harassment) • Looks / leers • Obscene calls and texts • Voyeurism (perving) Rape and sexual assault • Sexual penetration without consent (rape) • Sexual touching without consent (sexual assault) A joke is often just the start.

There is a strong link between sexism and violence against women – sexist and sexual jokes may provide a gateway to sexual harassment and sexual assault.
One way to think about sexual violence is as a continuum of acts starting with less severe behaviours like street/ sexual harassment and progressing to crimes like sexual assault.

No one wants to be seen as the one who can’t take a joke.

Telling someone their joke or comment was offensive is hard – it’s far easier to let the joke or comment slide or laugh it off.
‘Getting the joke’ or ‘not rocking the boat’ is an important part of fitting in and job success, and we know from research that speaking out can have real consequences for reputations, relationships and careers.5 Not all disrespect towards women results in violence.

But all violence against women STARTS WITH disrespectful behaviour.

Australian research reveals that our general understanding of sexual harassment is limited, and NEARLY ONE QUARTER of Australians see no harm in telling sexist jokes.
5 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 75% who formally complain about sexual harassment say THEY FACE RETALIATION.

Sexual harassment causes DAMAGE TO VICTIMS’ REPUTATION, self-esteem, health and wellbeing.

Witnesses of sexual harassment can also experience ‘BYSTANDER STRESS’.
Victims of sexual harassment experience a ‘PREDATOR TAX’ in their career progression – as in most cases they leave their job, make lateral moves or take pay cuts to avoid rather than take action against the harasser.

Harassment costs are no joke.

Sexual harassment has a serious and damaging effect on a workplace.

Organisations pay a high price for everyday sexism – as do the people involved.
This includes: • Costs to complainant personally: People who are sexually harassed experience damage to their reputation, self-esteem, health, and wellbeing,6 • Risk of retaliation: 75% of people who formally complain about sexual harassment say they face retaliation,7 which in turn leads to people avoiding raising any future concerns and so harassment being ‘swept under the carpet’, • Costs to career progression and pay: Pay inequity and sexual harassment are linked as women often leave their jobs rather than take action against a harasser.8 US research has shown that in most cases, women tend to make lateral moves or take pay cuts, creating a ‘predator tax’ in their career progression,9 and • Costs to bystanders: Sexual harassment not only affects victims – witnesses of sexual harassment can also experience ‘bystander stress’.10 Negative outcomes associated with bystander stress include lower health satisfaction, increased occupational stress, increased team conflict, and lower financial performance.11 6 So next time you hear the phrase, “They just can’t take a joke”, try...
Being open to changing what you have always thought is ‘normal’, respectful or funny.

We all come across new information, people, and ideas that challenge our own personal ideas of what’s normal.

Try to be open to learning and understanding about workplace conversations and banter which can (even if unintentionally) exclude.

Standing in someone else’s shoes and seeing it from their perspective.

Instead of attempting to justify your actions (e.g.
“I was only joking”) or trivialising someone else’s feelings (e.g.

“You’re over-reacting!”) try understanding the other person’s perspective, and why they felt offended, intimidated or excluded.

Remembering that walking in someone else’s shoes is challenging.
Many of us find it difficult to ‘walk in somebody else’s shoes’ in this way, particularly if we have not experienced exclusion – research shows that if we haven’t experienced exclusion we are less likely to recognise situations that stereotype, exclude, or offend.12 • We know from research Australians’ general understanding of sexual harassment is limited,13 and nearly one quarter of us see no harm in telling sexist jokes.14 • Research shows there is a ‘gender gap’ when it comes to understanding what constitutes as harassment and whether to intervene, with many men greatly underestimating how prevalent sexual harassment against women is,15 half of men believing that women mistakenly interpret ‘innocent’ remarks or acts as being sexist,16 and men being less likely to recognise behaviours as serious or threatening.17 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 TO CREATE A SAFER AND MORE RESPECTFUL WORKPLACE FOR ALL, TRY BEING OPEN TO CHANGING WHAT YOU HAVE ALWAYS THOUGHT IS ‘NORMAL’, RESPECTFUL OR FUNNY.
7 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 2.

‘Boys will be boys’ suggests that boys and men BY THEIR NATURE are bad.

IT’S JUST BOYS BEING BOYS.

REALITY: ACTUALLY, BOYS ARE BETTER THAN THAT.

While it might seem trivial, expressions like ‘boys will be boys’ tell us that some antisocial behaviours are acceptable for boys/men and that girls, women, and other people who don’t identify as men should simply put up with these behaviours.
It excuses bad behaviour.

‘Boys will be boys’ is not a valid excuse anymore for unwelcome, offensive or unsafe behaviour.

This phrase suggests that boys and men by their nature are bad.

That they are inherently immature, insensitive, irresponsible, troublemaking, rude, aggressive, disrespectful – even violent and predatory.18 8 8 In this way, ‘boys will be boys’ excuses unsafe antisocial behaviours, and suggests women should expect certain treatment from men as it is part of human nature.
In fact, it can even shift the blame of disrespectful behaviour onto the victim.19 It damages men as well as women.
Not only is this demeaning of girls and women, it is also fundamentally disrespectful of boys and men – are women the only ones from whom we think we can expect respectful behaviour?20 Rigid ideas about what it means to be a man don’t just harm women – they are just as damaging to men.21 Research shows that rigid ideas about masculinity are directly linked to poorer health outcomes for men, higher rates of risk-taking behaviour, and higher rates of suicide.22 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 RIGID IDEAS ABOUT WHAT IT MEANS TO BE A MAN DON’T JUST HARM WOMEN - THEY ARE JUST AS DAMAGING TO MEN.
It’s another way of saying it is ok to treat some people less fairly than others.

Phrases like ‘boys will be boys’ are indicative of deeply entrenched gender inequalities in our society.

In other words, it’s a way of saying that it is fine and to be expected for women to be treated differently, and less fairly at work.
Those inequalities show up in many ways – for example: • When we assume the types of work women do are worth less than the types of work men do, women tend to get paid less, and • It also shows up in ideas about who is best suited to leadership, which tends to show up as fewer women being appointed to leadership roles and childrearing being seen as women’s rather than men’s work.

So next time you hear poor behaviour being excused as just ‘boys being boys’, try...
Telling the person excusing the behaviour that, actually, boys and men, are better than that.

Are boys really by their nature disrespectful, intimidating, and offensive?

Research shows that views like this are directly linked to POORER HEALTH OUTCOMES FOR MEN, including higher rates of suicide.

9 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 3.

You should take it as a compliment.

REALITY: If it’s not welcome, it’s not a compliment.
More than one in five Australian men believe that women should take being wolf- whistled on the street as a compliment – but when women stand up to their street harasser, research shows it can result in them being abused and assaulted.

Anecdotally, people who conduct respectful behaviour training sessions tell us that they often hear the quip, “I wouldn’t mind a bit of sexual harassment!”, particularly from men.
This is damaging as it ignores the serious consequences of sexual harassment for people’s physical and mental health, and the ways this behaviour limits victims’ ability to fully contribute at work.

Compliments should brighten people’s days – not creep them out.

Compliments are fine.


In fact, research shows that respectful behaviours such as praising work and refraining from interrupting and multitasking during 10 10 conversations, help create respectful and inclusive environments23 that have lower rates of sexual harassment.24 However, even if it’s intended as a compliment, commenting on someone’s appearance in an unwelcome way can; belittle their workplace achievements, suggest that they are only valued for their appearance, and make them feel unsafe.
It’s hard to take it as a ‘compliment’ when it keeps happening.

Sexual harassment at work is rarely a one-off experience.

Most harassing behaviours occur many times a year.


A survey of young women in the US found respondents were much more likely to endure multiple instances of a particular type of harassing behaviours than just one single incident:25 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 IN A GROUP OF 500 AUSTRALIAN WOMEN AGED 18 TO 25: 33% were first harassed on the street between the AGES OF JUST 11 AND 15.

83% had been CAT-CALLED.

50% had been FOLLOWED.


30% had their PATH BLOCKED or were TOUCHED INAPPROPRIATELY.

• 10% of surveyed women indicated they had been stared and leered at, at work just once in the past year, • While 42% indicated this had happened four or more times in the past year.
This was true across every type of harassment including making suggestive comments, trying to discuss sex, displaying offensive images, repeatedly asking out, trying to start a sexual relationship, and unwanted touching.26 Context is key.
When trying to work out if giving a compliment on a colleague’s appearance is sexual harassment, context is key – try considering what if... • Compliments were given repeatedly and frequently and only every about the employee’s physical appearance and never about their work?
• The employee receiving the compliment was in a less powerful position and so less likely to feel comfortable saying it’s not ok – for example, they were: serving a customer or client, on whose business you were depending, more junior than the person giving the compliment, on probation, working in an isolated or remote location, working casually/in insecure employment, one of only a few women in a male-dominated workplace or men in a female- dominated workplace, younger with little workplace experience etc.
Cat-calling happens to girls as young as 11.

According to a recent Australian survey, more than one-fifth of men believe that women should take being cat-called on the street as a compliment.27 But the reality is, street harassment makes women feel unsafe.
These feelings of being unsafe can begin at a soberingly young age – a survey of 500 Australian women aged 18 to 25 found one in three were first harassed on the street between the ages of just 11 and 15.28 Of the women surveyed, 83% had been cat-called, 50% had been followed, and 30% had their path blocked or been touched inappropriately (primarily, 95%, by men).

For many women, street harassment is a reality when leaving the house.29 ‘Compliments’ can be a precursor to abuse and assault.
A 2018 French video of a woman being physically assaulted by a sexual harasser on the street after telling them to stop highlights the sad reality that verbal sexual harassment can often turn into abuse and assault.30 Unfortunately, this type of situation is all too familiar – many women are able to recount situations where ignoring, rejecting, or objecting to leers and ‘compliments’ has escalated into instances of aggressive behaviour.31 As the French video demonstrates, standing up to your harasser can be dangerous.
Instead, women learn to endure the harassment, internalising it and finding ways to avoid it like changing commute paths and changing plans, and in the case of younger girls, changing out of their school uniforms to avoid sexual harassment.32 So next time you hear the phrase, “You should take it as a compliment”, try...

Suggesting they mainly compliment co-workers about their achievements, quality of work, intelligence or skills.
Inviting the person to imagine walking down a street alone and being yelled at, followed, threatened, or grabbed by a stranger or group of strangers.

11 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 4.

But they’re one of our top performers.

REALITY: Lack of action now will cost us more down the track.

Sometimes employers experience issues with ’superstar’ performers who assume they can get away with harassment.
Workplaces that permit sexist behaviour, by tacitly approving or ‘turning a blind eye’, are highly likely to find themselves with much more serious (and expensive) harassment issues to manage down the track.

Don’t let “superstars” put your company at risk.
Sometimes employers experience issues with ’superstar’ performers who assume they can get away with harassment because they are important to an organisation (think high-earning traders who bring in big clients).33 12 12 In fact, research shows that ’superstar’ status can actually be a breeding ground for harassment – such a powerful status can reduce ‘superstars’ uninhibitions,34 any sexist personality traits,35 and result in them being more likely to engage in inappropriate treatment of women.36 Employers can end up with costs as high as $1.5 million37.
The reality is that not doing anything will cost an organisation in the long run.

Under the Sex Discrimination Act employers may be held liable for workplace sexual harassment38 and the flow on effects from harassment can include both direct and indirect costs to organisations.

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 TO CREATE A SAFE AND EFFECTIVE WORKPLACE FOR ALL, DEAL WITH THE ISSUE, DON’T SIDELINE THE VICTIM.

IT WILL BE GOOD FOR EVERYONE!


Employers can end up with sexual harassment costs as high as $1.5 million.

Studies show that sexual harassment can cause increased risk of ANXIETY, depression, and post- traumatic stress disorder.

Indirect costs of sexual harassment include LOWER PRODUCTIVITY and morale, higher turnover and absenteeism.
• The most easily calculated costs for employers are the legal bills associated with legal action and settlements, but other direct costs include the costs of dealing with complaints, and the costs of delivering anti-sexual harassment training.

• Indirect costs include lower productivity and morale, higher turnover and absenteeism, and reputational harm to an organisation’s public image.39 Therefore, taking action to prevent sexual harassment is simply just good for business.
Don’t just move the victim to another area.

Sidelining victims can be substantially more costly than taking action against perpetrators.

In a recent Australian case where a woman made a sexual harassment complaint, instead of the sexual harasser being removed from the project they worked on together, the victim was the one sidelined.

The victim was awarded $130,000 in compensation in recognition of her lost earnings.40 Sexual harassment damages physical and psychological health.
Studies show that sexual harassment can cause an increased risk of anxiety, depression, and post-traumatic stress disorder, as well as diminished self-esteem, self-confidence, and psychological wellbeing.41 Sexual harassment at work can also: • Produce depressive symptoms in both women and men, irrespective of whether they had previously experienced harassment or were already distressed,42 • Make people more prone to sickness, illness and accident, and not just around the time they experienced the harassment, but also years later,43 and • Put women at a higher risk for hypertension and sleep disorders.44 So next time you hear the phrase, “But they’re one of our best performers”, try...
Calculating the direct and indirect costs of retaining a ‘serial offender’ to make it clear that doing nothing to address this performance issue is a serious liability and financial risk for your organisation.

13 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 5.

It’s all gone too far - we can’t say or do anything these days!
REALITY: If it’s respectful and safe, it’s ok. 40% of Australian women have been sexually harassed at work in the last 5 years.

But only one in five ever tell their company about it.

In fact, most try to avoid the harasser or ignore or endure the harassment.

Some people think that in the era of #metoo any innocent interaction at work could be seen as sexual harassment, and that it will damage morale if people aren’t allowed to say or do anything fun at work.
#metoo isn’t about being the ‘fun police’ – it’s about making sure the way we interact with each other at work is respectful and safe, for everyone.

Raising awareness of a problem can feel like it’s out of control.
As one commentator45 recently put it: “the #MeToo movement has been extremely successful in initiating necessary and impactful conversations surrounding the topic of sexual misconduct and workplace harassment, [but] it has also shed light on the decades of harassment that have been swept under the rug… Though the subject matter of the #MeToo movement may seem like a shocking new discovery to some, women have been aware of these injustices for most of their lives.” 14 14 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Recent Australian research46 found that: UK research47 put the figures even higher: Fewer than one in five victims complain to their company.
Half the people who made a formal complaint report no changes were made at their organisation as a result of the complaint.

70% of people who report unwanted sexual behaviour to their employers said that there was no change**.

16% reported that they were treated worse as a result of reporting unwanted sexual behaviour.

Actually, very few victims raise complaints in organisations.

Women will often complain to family or even on social media, but most don’t tell their companies.
If they confide in anyone, usually it is a colleague or friend rather than someone in a position to address the problem.48 • Fewer than one in five victims complain to their company.49 • In fact, victims’ most common responses are actually to avoid the harasser, deny or downplay the gravity of the situation, or attempt to ignore, forget, or endure the behaviour.50 People often don’t complain as reporting leads to no action – other than retaliation.
Some people have expressed scepticism about the recent wave of harassment claims, questioning why women didn’t come forward sooner.
Women often feel that sexual harassment is so widespread and commonplace that it is hopeless trying to challenge it.51 And research suggests they may be right: • The Australian Human Rights Commission found that about half the people who made a formal complaint report no changes were made at their organisation as a result of the complaint.52 • UK research puts the figure even higher – 70% of people who report unwanted sexual behaviour to their employers said that there was no change and 16% reported that they were treated worse as a result.53 So it’s not surprising that many victims believe a formal complaint would be viewed as an overreaction.54 And that about one in five victims would rather resign than take action.55 The #METOO MOVEMENT has been extremely successful in initiating necessary conversations about workplace sexual harassment.
Research found that about ONE IN FIVE victims of workplace sexual harassment would RATHER RESIGN THAN TAKE ACTION.

Some people have expressed scepticism about the recent wave of harassment claims.

15 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Adapted from ‘Spectrum of Sexual Misconduct at Work’ 56.

ONLY 1.4% of formal complaints are found to be trivial, vexatious, frivolous, misconceived, or lacking in substance.
victims of sexual harassment actually make complaints and ‘fake’ complaints are few and far between.

Using Reardon’s Spectrum of Sexual Misconduct at Work 57 to help communicate to employees what and why certain behaviours are sexual harassment.

It can also assist in allowing employees experiencing sexual harassment to report their concerns, and make it easier to explain to the harasser when and how they have crossed a boundary.

‘Fake’ complaints are actually few and far between.
Rather than #metoo leading to a raft of false accusations against innocent people, the Australian Human Rights Commission’s Sex Discrimination complaint statistics indicate only 1.4% of claims made are found to be trivial, vexatious, frivolous, misconceived, or lacking in substance.

So next time you hear the phrase, “it’s all gone too far”, try...
Showing the person the research in this Myth buster, which demonstrates that while #metoo may feel like a lot to some people, very few 16 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 RAISING AWARENESS IS THE FIRST STEP TO CREATING A SAFE AND RESPECTFUL WORKPLACE FOR ALL.

17 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 6.
Going along with sexist or sexual jokes can actually create an environment that tolerates problematic sexual behaviour.

I don’t want to get involved - it’s none of my business.

REALITY: It’s everyone’s business - the standard we walk past is the standard we accept.

The Australian Human Rights Commission58 found that 40% of workplace sexual harassment incidents were witnessed by at least one other person.

Yet in the majority of cases (69%) the witness did not intervene.
Often people do not think it is appropriate to get involved if they witness sexual harassment.

Some men fear that others, especially other men, may perceive them as being too ‘soft’ or ‘sensitive’ if they intervene in sexual harassment.59 However, bystander interventions in a range of other areas have shown that equipping everyone to stop harassment is beneficial in reducing harm.

18 Playing along or ‘turning a blind eye’ can actually make things worse.
Research60 shows that going along with sexist or sexual jokes can actually create an environment tolerates problematic sexual behaviour.

• Here, jokes end up giving permission to people to express sexist attitudes.

• In practice, that means that when some people hear sexist jokes, it tells them it’s ok to think less of women, and it can actually trigger sexist behaviour.
So not intervening or calling out someone when we hear an off-colour joke or comment can actually allow these negative attitudes to fester and create an environment in which problematic sexual behaviour is seen as normal.

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Standing up to sexist jokes, or saying something about sexually harassing behaviour not only stops the behaviour from happening, it can empower more people to speak out as well!
We need a critical mass of people to stop standing silently by and instead stand up for safety and respect at work.

Research shows that men receive more positive reactions and experience fewer negative consequences than women when confronting sexism.

Particularly noteworthy is that when women tell sexist jokes, they may have an even greater disinhibiting impact on sexist men’s attitudes than when men tell them.61 Speaking out breaks the social spell of approval.
Active bystanders or ‘upstanders’ are vital in reducing harm.

Speaking up against sexually harassing behaviour when witnessing it or speaking out against a sexist joke can help break the social spell of approval and encourage others to follow your lead.

Men have an especially important active bystander role.
Research shows that men receive more positive reactions and experience fewer negative consequences than women when confronting sexism.62 What’s more, most men overestimate the level of approval from other men of sexist behaviour.

So standing up to sexist jokes, or saying something about sexually harassing behaviour not only stops the behaviour from happening, it can empower more men to speak out as well.

We all need to be active bystanders – and stand up for safety and respect at work.
It can be challenging to confront inappropriate workplace behaviour, especially when it’s coming from powerful or influential people in our organisation.

In fact, research suggests we confront sexist behaviour less than half the time we encounter it.63 But to really make a difference when it comes to sexual harassment, we need a critical mass of people to stop standing silently by and instead stand up for safety and respect at work.
So next time you hear the phrase, “I don’t want to get involved – it’s none of my business”, try...
Suggesting these non-confrontational ways to confront someone about inappropriate comments64 “I’m taking a moment to be sure I heard you right.” “This seems like a good time to take a break – to reflect on what was just said.” “If I look perplexed, it’s because I’m thinking about how to give you the benefit of the doubt.” “I suggest we step back for a moment, as something just went awry.” “Of all the things I thought you might say, that certainly wasn’t one of them.” “If I said what I’m thinking, we’d both be out of line.” “For two people who respect each other, we’re certainly off course today.” “Do you want to run that by me again in a less personal way?” “Did you really say that?” Being an active bystander by65: • Talking to the person experiencing harassment, listening to them, acknowledging what has happened, and assisting them to find information on how to make a complaint • Asking HR or your manager about displaying the workplace sexual harassment policy prominently in your workplace • Interrupting incidents of sexual harassment or the situations which lead to harassment • Organising sexual harassment training for your workplace • Talking to a union delegate or union about raising awareness of sexual harassment in the workplace • Speaking out against the social norms and inequalities supportive of sexual harassment.
19 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 7.

It only happens to (straight- cis) women.

REALITY: It happens to people of all genders and all sexual orientations.

More than half of Australian men have been sexually harassed at some point in their lifetimes.

It happens to men.

Although sexual harassment disproportionately impacts young women, men can be sexually harassed too.
• In the last 12 months, 16% of Australian men have experienced sexual harassment at work, and • Over half (56%) of men have been sexually harassed at some point in their lifetime.66 What’s more, the rates of sexual harassment for men has been increasing over recent years.67 Men experience problems with outdated male norms and stereotypes.

Research shows that men are more likely to be sexually harassed if they are pro-feminist and behave in ways that differ from “traditional masculinity” (i.e.
not displaying traits traditionally viewed as masculine in Western society e.g.

aggression and assertiveness).

This is regardless of their sexual orientation.68 Men are also more likely to be sexually harassed by other men than by women.69 For men, stigma attached to sexual harassment can be a barrier to reporting it.
Research shows men are more tolerant of sexual harassment towards men than they are to women.70 Societal norms that say sexual harassment is not a male issue, the belief that men can’t truly be sexually harassed by a woman, or the idea that being harassed by another man implicates their own sexuality, can all stop men coming forward.

ii What is a straight-cis woman?

Cisgender is a term used to describe people who identify their gender as the same as what was assigned to them at birth (male or female).
The term ‘cis’ is a Latin word meaning the same as.

So a cis-woman is essentially someone who is not trans.

20 20 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Take the time to listen to people’s stories – this can be a powerful way of understanding their perspective and experience.

92% of WOMEN WHO ARE NOT STRAIGHT have been sexually harassed at some point in their life.
89% of non-binary and gender diverse people were also very likely to have experienced SEXUAL HARASSMENT in their lifetime.

It happens to LGBTIQ+iii people – at alarmingly high levels.
Australian LGBTIQ+ workers are almost 50% more likely to have experienced harassment and/or discrimination in the past year than non-LGBTIQ+ workers.71 People who are bisexual are the most likely to have been sexually harassed at work – 90% will have been sexually harassed in their lifetime.72 It’s even worse for women who aren’t straight.
DCA’s Out At Work research revealed that women who are not straight often experience sexual harassment as a result of being fetishised for their sexuality: “Men just tend to get a bit creepy around bisexual women” “I had sexual overtures that came as a consequence of coming out at work” Almost all (92%) women who identify as gay, lesbian, bisexual, pansexual, queer, asexual, aromantic, undecided, not sure, questioning or other have experienced sexual harassment in their lifetime.73 This can range from creepy comments, to being propositioned, being taken to sex-clubs for work events, to constant sexual overtones.
Fetishising, propositioning or making inappropriate comments about someone’s private life is a form of sexual harassment.

It’s not ok to ask these sorts of questions of any colleague or co-worker – whether they are LGBTIQ+ or not.

Trans and gender diverse people cop it too.

Non-binary and gender diverse peopleiv (i.e.

people who have gender identities that are not exclusively male or female)74 were also very likely (89%) to have experienced sexual harassment in their lifetime.
Trans people experience a particular form of harassment where they are repeatedly asked intrusive questions about their medical history.

“As a trans guy, I don’t feel comfortable revealing anything about surgery, because as a trans person, the assumption everyone makes is that it’s about genitals, that is the first question people ask, ‘What’s in your pants?’” 75 Work is not the place to talk about someone’s medical history.
If you wouldn’t ask the question of a cisgender or heterosexual person, don’t ask an LGBTIQ+ person.

So the next time you hear the phrase, “It only happens to [straight-cis] women”, try... Reminding them that sexual harassment happens to people of all genders and all sexual orientations Suggesting that they read the stories and examples in DCA’s Out At Work research report.

Real stories can be a powerful way of helping someone stand in another person’s shoes.
Raising workplace awareness that sexual harassment happens to men, and encouraging everyone to intervene if they witness something inappropriate.

The attitudes that discourage men from reporting sexual harassment are held by women and men, so standing up and saying something can really make a difference.
iii ‘LGBTIQ+’ refers to lesbian, gay, bisexual, transgender/ gender diverse, intersex, and queer – the ‘+’ recognises that LGBTIQ doesn’t include a range of other terms that people identify with, or use to describe themselves.

iv Gender diverse and non-binary refers to people who do not identify as a woman or a man.

In the same way that sexual orientation and gender expression are not binaries, gender identity is not a binary either.
It is important to challenge our thinking beyond the binary constructs of male and female.

21 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Myth number 8.

It’s mainly just senior men taking advantage of their secretaries.

REALITY: Sexual harassment is about power; and power at work isn’t just about seniority.

Sexual harassment is a form of dominance, control and power that shows up at work in many ways.

Seniority does make a difference.


When we think about sexual harassment, the image that often comes to mind is a senior man, harassing his secretary or a more junior staff member.
In fact, 22% of women have been harassed by a manager – their own (17%) or another (7%) in the past 5 years.76 We know from research that harassment flourishes in workplaces where men dominate in management and women have little power.77 In these workplaces, have less ability to speak up and influence change and men feel pressure to accept other men’s sexualised behaviour.78 22 22 Having said that, you are still more likely to be sexually harassed by a co-worker at the same level, than by your boss.79 But power shows up in many other ways.
Sexual harassment is a form of dominance, control and power that shows up at work in many ways.80 Just because a perpetrator is not your boss does not mean that power dynamics are not at play.

While a co-worker may not have official power over their colleagues in title and responsibilities, their influence in other ways (e.g.
as a co-worker who is well liked by their team or Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Workers who are PHYSICALLY ISOLATED or have few opportunities to work with others can also be at a HIGHER RISK of harassment.

YOUNG WORKERS experience the HIGHEST LEVELS of workplace sexual harassment, with three in four between the ages of 18 and 29 experiencing harassment over the course of their lifetime.
Sometimes harassment can remain unaddressed because frontline staff SIMPLY DON’T KNOW HOW to address workplace harassment issues.

supervisor, or who brings in large contracts) can easily lead to a power imbalance resulting in sexual harassing behaviour towards those at the same seniority level.

Male-dominated workplaces make a difference.


Research suggests harassment is common in organisations where few women hold the ‘core’ jobs – female firefighters, police officers, construction workers, and miners, as well as women in the tech industry are frequently harassed because they’re outnumbered.81 Customer-focused workplaces make a difference.
According to one U.S. study, about ten per cent of women who are sexually harassed at work were harassed by a client, customer, or patient.82 The U.S. study also suggests that these figures can be even higher in particular industries such as healthcare or retail.

The old adage “the customer is always right” can create a one-sided power imbalance, so particularly in the context of large contracts, clients or customers can believe that they are entitled to behave in sexually harassing and aggressive ways.
It can be even harder for people to take action where the harassment is perpetrated by a client or customer if the employee’s compensation may be directly tied to customer satisfaction or client service.

For example: • Hospitality workers relying on tips can feel compelled to put up with harassment rather than missing out on tips,83 or • Salespeople who rely on commission may put up with harassment to make a sale.
Nurses and other healthcare workers who are harassed by patients face a particular difficulty as they have ethical obligations to treat patients.

What’s more, evidence from the U.S. suggests that some workplaces also consciously or subconsciously, tolerate harassing behaviour rather than intervene on the workers’ behalf.84 Physical isolation and decentralisation make a difference.
Workers who are physically isolated or have few opportunities to work with others (such as cleaners working alone, people attending to hotel rooms alone, and agricultural workers) can also be at a higher risk of harassment.85 This is often because harassers can easily access such workers and there are no witnesses to the harassment or bystanders who could intervene.
This can also be the case for decentralised workplaces where frontline staff and managers are far removed from corporate offices and can feel (or sometimes actually be) unaccountable to the organisation for their behaviour.

Sometimes harassment can remain unaddressed because frontline staff simply don’t know how to address workplace harassment issues.86 Youth and inexperience make a difference.
Though sexual harassment can occur to workers of all ages, statistics show that young workers experience the highest levels, with three in four between the ages of 18 and 29 experiencing sexual harassment over the course of their lifetime.87 Workplace inexperience and vulnerability are key reasons for this.
Younger workers are often at the beginning of their careers or in 23 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Workers who are in non-permanent casual, contract, or agency employment are especially at risk of being sexually harassed.
non-permanent work, usually in lower positions of power that make them more prone to harassment and less confident to speak out against their harasser/s.88 Contract or casual work makes a difference Workers who are in non-permanent casual, contract, or agency employment are especially at risk of being sexually harassed.89 Without permanency, and typically facing low job security, these employees are by default already in a lower position of power.
As a result, employees in this type of employment are less likely to report instances of sexual harassment, often for fear of losing their job.

This is worrying given the current move towards workforce casualisation.

Information on sexual harassment policies, reporting channels, and available support must be considered as equally important for non-permanent employees as it is for permanent employees.
So next time you hear the phrase, “It’s mainly senior men harassing their secretaries”, try... Remembering that power shows up in lots of ways and role imbalances, or financial and job security, are specifically recognised as factors that must be considered when determining if something is sexual harassment.90 Supporting your organisation’s efforts to create gender-balanced leadership as this can reduce harassment.

Where there is gender disparity in power in an organisation, sexual harassment increases.
Men sometimes use sexual harassment as a tool against women in power.

But, when power is shared across gender, harassment decreases.

The best way to deal with this sort of power play is to ensure that your organisation has equal leadership of men and women.91 24 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 SUPPORTING YOUR ORGANISATION’S EFFORTS TO CREATE GENDER-BALANCED LEADERSHIP CAN HELP REDUCE HARASSMENT.
25 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Ten ways Organisations Can Stand Up for Safety and Respect at Work.

1.

START WITH A .

PARTNERSHIP .

APPROACH .

Ensure D&I initiatives involve people from dominant and minority groups (e.g., men and women, or non-LGBTIQ+ and LGBTIQ+ people) as active and equal partners leading the strategic approach.

2.

STRATEGIC .

ORGANISATIONAL.

APPROACH .

3.

ENSURE .

EFFECTIVE .

VOICE SYSTEMS .


Ensure a strategic organisational approach to preventing and responding to sexual harassment – try Catalyst’s 4 pronged ‘Prepare, Prevent, Respond, Transform’ approach.92 Review your organisational systems to ensure there are effective voice systems to enable staff to speak up, and be rewarded – not punished or marginalised – for doing so.

But remember do not rely only on grievance procedures to ensure your work environment is inclusive.

4.

5.

KEY .
4.

5.

KEY .

MESSAGING .

Consider key messaging for bystander initiatives – e.g., moral courage, inclusive communication, “Hey, that’s my sister!!

!” BYSTANDER .

INTERVENTION Invest in a bystander intervention to identify – and prevent – unacceptable behaviour, and motivate employees who witness or hear about inappropriate behaviour to speak up.

26 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 6.

EMPOWER .

BYSTANDERS .

7.

TRAIN .

BYSTANDERS .


8.

RECOGNISE .

THE GENDER .

GAP .

9.

‘DRIPPING .

TAP’ SEXISM .

10.

EFFECTIVE .

TRAINING .
Empower bystanders to be agents of change by: • Asking questions such as, “How could we let this happen?” and “How can we prevent it from happening again?” • Making perpetrators accountable – not their targets, and • Providing bystanders with the words to say to a perpetrator such as, “What you said earlier really bothered me” or “I wonder if you realise how that comes across?” This equips everyone in the workplace to stop harassment, instead of offering people two roles no one wants: harasser or victim.
A U.S. study of soldiers who received bystander prevention training found that there was a significant increase in soldiers reporting that they took some form of action when they witnessed assault or harassment.93 Ensure your training recognises the ‘gender gap’.
When it comes to harassment, research has found that: • Many men greatly underestimate how prevalent sexual harassment against women is,94 • Men often have a poorer understanding of sexual harassment than women do, in fact, half believe that women mistakenly interpret ‘innocent’ remarks or acts as being sexist,95 and men are also more likely to believe sexual harassment is a form of sexual flirtation, and less likely to recognise behaviours as serious or threatening,96 • Men who witness inappropriate behaviour can be more reluctant to intervene than women, particularly in front of other men, as they can overestimate other men’s comfort with problematic behaviour,97 and • This lack of understanding of the extent of sexual harassment is holding back organisations’ efforts to address it.
Promote Laura Bates’ TED talk on Everyday Sexism to educate about the prevalence of everyday sexism.

Make sure your training is effective.

Research98 shows that the most impactful training, is at least four hours, in person, interactive and tailored for the particular workplace and presented by an employees’ supervisor or an external expert (not an HR official with no direct oversight).
27 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 YOUR ‘GO TO’ RESOURCES.

Understanding What Sexual Harassment Is.

• Use these videos from the Stop it at the Start campaign to start a conversation about respectful relationships.

• Watch this Time’s Up PSA for a humorous understanding of what is, and isn’t sexual harassment at work.

• Watch Laura Bates’ TED talk on Everyday Sexism.


• Learn about consent: Watch this Consent Is Everything, Tea and Consent video.

• Follow the Five Steps to Inclusive Language in DCA’s Words At Work: Building inclusion Through the Power of Language report and language guides.

• Check out DCA’s Out at Work for a framework for creating more LGBTIQ+ inclusive workplaces.
• Check out the RESPECT website to learn about recognising what disrespectful behaviour looks like and how to have a conversation about respectful behaviour.

Preventing and Responding to Sexual Harassment.

• Use the Australian Human Rights Commission’s Ending Workplace Sexual Harassment employer resource to develop strategies to communicate to staff about boundaries and creating a healthy and safe work environment based on respect and courtesy.
• Review Australian Human Rights Commission’s Recognising and Responding to Sexual Harassment in the Workplace: Information for Employees.

• Improve your complaint process by updating your policy in line with the Australian Human Rights Commission’s Good Practice Guidelines for Internal Complaint Processes.99 • Check out Catalyst’s Sexual Harassment in the Workplace: what employers need to know guide.

Engaging Men in Preventing and Responding to Sexual Harassment.
• Watch DCA’s Can’t Take a Joke: We Need Courage to Call It event recording to get a better understanding of the insidious effect of inappropriate jokes.

• Use DCA’s Engaging Men on Gender Equality guidelines to develop more effective ways to engage men to achieve gender equality at work.100 • Use the Male Champions of Change, We Set the Tone report for practical tips on how to respond to inappropriate sexist behaviour.101 • Try using ‘information escrows’ for harassment reporting.
This is an idea from the U.S. whereby a complaint is date- stamped, and the victim can request that the complaint is only reported if there is another complaint against the same perpetrator.102 28 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Endnotes.

1 Australian Human Rights Commission, National Inquiry into Sexual Harassment in Australian Workplaces: Have Your Say – Conversational Toolkit, AHRC, Sydney, 2018.
10 K. Miner-Rubino and L. Cortina, ‘Beyond Targets: Consequences of Vicarious Exposure to Misogyny at Work’, Journal of Applied Psychology, vol.

92, no.

5, 2007, pp.1254-1269.

2 3 E. King and K. Jones, ‘Why Subtle Bias Is So Often Worse than Blatant Discrimination’, Harvard Business Review, July 13 2016, https://hbr.

org/2016/07/why-subtle-bias-is-so-often- worse-than-blatant-discrimination.
V. Sojo, R. Wood, and A. Genat, ‘Harmful Workplace Experiences and Women’s Occupational Well-Being: A Meta-Analysis’, Psychology of Women Quarterly, vol.

40 , no.

1, 2016, pp.

10-40.


V. Sojo, ‘Overt or Covert, Sexism at Work Causes Real Harm’, The Conversation, 10 October, 2014, https://theconversation.com/overt-or- covert-sexism-at-work-causes-real- harm-32361 4 Michael Flood presentation for Can’t Take Joke (DCA, 2014) 5 Male Champions of Change, We Set the Tone: Eliminating Everyday Sexism, Male Champions of Change, Sydney, 2018, pp.

6.

6 C.E.

Harnois & J.L.


Bastos, ‘Discrimination, Harassment, and Gendered Health Inequalities: Do Perceptions of Workplace Mistreatment Contribute to the Gender Gap in Self- reported Health?’, Journal of Health and Social Behavior, vol.

59, no.

2, 2018, 283-299.

V. Sojo, ‘Overt or Covert, Sexism at Work Causes Real Harm’.

7 U.S.
7 U.S.

Equal Employment Opportunity Commission (C. R. Feldblum & V. A. Lipnic), Select Task Force on the Study of Harassment in the Workplace, June 2016, https://www.eeoc.gov/eeoc/ task_force/harassment/report.cfm.

8 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces, Sydney, AHRC, 2018.

9 H. McLaughlin, C. Uggen, and A. Blackstone, ‘The Economic and Career Effects of Sexual Harassment on Working Women’, Gender & Society, vol.
31, no.

3, 2017, pp.

333–358.

11 Australian Human Rights Commission, Encourage.

Support.

Act!

Bystander Approaches to Sexual Harassment in the Workplace, Sydney, AHRC, 2012.

12 M. Inman and R. Baron, ‘Influence of Prototypes on Perceptions of Prejudice,’ Journal of Personality & Social Psychology, vol.

70, no.4, 1996, pp.

727-739.

Q.R.


Roberson, B.S Bell and S.C. Porter, ‘The Language of Bias: A Linguistic Approach to Understanding Intergroup Relations’, in M. A. Neale, E. A. Mannix and K. W. Phillips (eds.

), Research on Managing Groups and Teams: Diversity in Groups, London, Emerald Publishing Group, 2008, pp.

267-294.

13 Australian Human Rights Commission, Working Without Fear: Results of the 2012 Sexual Harassment National Telephone Survey 2012, Sydney, AHRC, 2012, pp 4, 15, 16-17.
14 Australia’s National Research Organisation for Women’s Safety (ANROWS), Are We There Yet?

Australian’s Attitudes Towards Violence Against Women & Gender Equality, Sydney, ANROWS, 2018.

15 P. Duncan and A.

Topping, ‘Men Underestimate Level of Sexual Harassment Against Women – Survey’, The Guardian, 6 December 2018, https://www.theguardian.com/ world/2018/dec/06/men-underestimate- level-of-sexual-harassment-against- women-survey.
16 Australia’s National Research Organisation for Women’s Safety (ANROWS), ‘New Research Uncovers Disturbing Australian Attitudes Towards Violence Against Women and Gender Equality’, 30 November 2018, https:// www.anrows.org.au/resources/media/ media-releases/new-research-uncovers- disturbing-australian-attitudes-towards.

17 B. Russell and D. Oswald, ‘When Sexism Cuts Both Ways: Predictors of Tolerance of Sexual Harassment of Men’, Men and Masculinities, vol.

19, no.

5, 2016, pp.

524–544.


18 D. Roffman, ‘What Does “Boys Will Be Boys” really Mean?’, Washington Post, 5 February 2006, http://www.

washingtonpost.com/wp-dyn/content/ article/2006/02/04/AR2006020400220.

html.

19 Commonwealth of Australia, Violence Against Women.

Let’s Stop It at the Start, Video, 2018, https://www.

respect.gov.au/.

20 D. Roffman, Talk to me First: Everything You Need to Know to Become Your Kids “Go-To” Person About Sex”, Boston, Da Capo Press, 2012.
21 The Men’s Project (H. Irvine and M. Livingstone) and M. Flood, The Man Box: A Study on Being a Young Man in Australia, Melbourne, Jesuit Social Services, 2018.

22 G.E Murphy, 1998, ‘Why Women Are Less Likely than Men to Commit Suicide’, Comprehensive Psychiatry, vol.

39, no.

4, 1998, pp.165-75.

23 U.S.

Equal Employment Opportunity Commission, ‘Press Release: EEOC Launches New Training Program On Respectful Workplaces’, 10 April 2017, https://www.eeoc.gov/eeoc/newsroom/ release/10-4-17.cfm.
24 Diversity Council Australia (O’Leary, J. and Legg, A.)

DCA-Suncorp Inclusion@ Work Index 2017–2018: Mapping the State of Inclusion in the Australian Workforce, Sydney, Diversity Council Australia, 2017.

25 H. McLaughlin, ‘Who is Harassed, and How?’, Harvard Business Review, 31 January, 2018, https://hbr.org/2018/01/ whos-harassed-and-how.

26 Ibid.
26 Ibid.

27 Statistics quoted come from a survey commissioned by SBS in conjunction with Sydney’s Macquarie University, Professor Catharine Lumby and Dr. Amira Aftab, quoted in ‘SBS and Yumi Stynes tackle the question, ‘Is Australia Sexist?’, SBS Online, 2 November 2018, https://www.sbs.com.au/programs/ is-australia-sexist/article/2018/11/01/ sbs-and-yumi-stynes-tackle-question- australia-sexist.
29 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 28 Plan International, Sexism in the City: Young Women Speak Up About Street Harassment in Sydney, Sydney, Plan International, 2018.

29 Ibid.

30 K. Willsher, ‘Uproar in France Over Video of Woman Hit By Harasser in Paris Street’, The Guardian, 31 July 2018, https://www.theguardian.com/ world/2018/jul/30/uproar-in-france-over- video-of-woman-marie-laguerre-hit-by- harasser-in-paris-street.
31 Plan International, Sexism in the City: Young Women Speak Up About Street Harassment in Sydney.

32 Ibid.

33 K. Higginbottom, ‘The Link Between Power and Sexual Harassment in the Workplace’, Forbes, 11 June, 2018, https://www.forbes.com/sites/ karenhigginbottom/2018/06/11/the-link- between-power-and-sexual-harassment- in-the-workplace/#55bcb2cb190f.

34 U.S.

Equal Employment Opportunity Commission (C. R. Feldblum & V. A. Lipnic), Select Task Force on the Study of Harassment in the Workplace.
35 E. Bernstein, ‘Power’s Role in Sexual Harassment’, The Wall Street Journal, 5 February 2018, https://www.wsj.

com/articles/powers-role-in-sexual- harassment-1517844769.

36 U.S.

Equal Employment Opportunity Commission (C. R. Feldblum & V. A. Lipnic), Select Task Force on the Study of Harassment in the Workplace.

37 Brisbane Youth Service Inc v Beven [2017] QCA 211.
38 Australian Human Rights Commission, Ending Workplace Sexual Harassment: A Resource for Small, Medium and Large Employers, Sydney, AHRC, 2014.

39 Safe Work Australia, Guide for Preventing and Responding to Workplace Bullying, Canberra, Safe Work Australia, 2016.
40 G. Sivaraman and K. Luckman, ‘Sexual Harassment in the Workplace – When Enough is Enough’, Australian Lawyers Alliance, 25th September 2014, https:// www.lawyersalliance.com.au/opinion/ sexual-harassment-in-the-workplace- when-enough-is-enough 41 S. Welsh, ‘Gender and Sexual Harassment’, Annual Review of Sociology, vol.

25, no.

1, 1999, pp.

169-190.

C. Willness, P. Steel, and K. Lee, ‘A Meta-Analysis of the Antecedents and Consequences of Workplace Sexual Harassment’, Personnel Psychology, vol.
60, no.

3, 2007, pp.

127-163.

42 J. N. Houle, J.

Staff, J. T. Mortimer, C. Uggen, and A. Blackstone, ‘The Impact Of Sexual Harassment On Depressive Symptoms During The Early Occupational Career’, Society and Mental Health, vol.

1, no.

2, 2011, pp.

89–105.

43 W. Wan, ‘Sexual Harassment Can Make Victims Physically Sick’, Sydney Morning Herald, 11 Febuary 2018, https://www.smh.com.au/lifestyle/ health-and-wellness/sexual-harassment- can-make-victims-physically-sick- 20180211-h0vws5.html.
44 R. C. Thurston, Y. Chang, K.A.

Matthews, R. von Känel, K. Koenen, ‘Association of Sexual Harassment and Sexual Assault With Midlife Women’s Mental and Physical Health’, JAMA International Medicine, vol.

179, no.

1, 2019, pp.

48-53.

45 R. Bloom, ‘#MeToo and the Realities of Power Dynamics in American Society’, Northeastern University Political Review, 22 March 2018, http://www.

nupoliticalreview.com/2018/03/22/ metoo-and-the-realities-of-power- dynamics-in-american-society.
46 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplace.

47 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.

48 L. M. Cortina and J. L. Berdahl, ‘Sexual Harassment in Organizations: A Decade of Research in Review’, The Sage Handbook of Organizational Behavior: Volume I Micro Approaches, pp.

469- 96 (J. Barling & C. L. Cooper eds., Thousand Oaks: SAGE Publications, 2008).
49 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces, pp.

9.

50 U.S.

Equal Employment Opportunity Commission (C. R. Feldblum & V. A. Lipnic), Select Task Force on the Study of Harassment in the Workplace, pp.

15.

51 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016, London, TUC, 2016.
30 52 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces.

53 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.

54 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplace.

55 Ibid.
55 Ibid.

56 K. Reardon, ‘Spectrum of Sexual Misconduct at Work’, California State Assembly Subcommittee on Sexual Harassment Prevention and Response, 2018, https://shpr.legislature.ca.gov/ sites/shpr.legislature.ca.gov/files/ SpectrumSSMW%282018%29%20 -%20KReardon_0.pdf.

57 Ibid.

58 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces.
59 M. Carlson, ‘I’d Rather Go Along and Be Considered a Man: Masculinity and Bystander Intervention’, The Journal of Men’s Studies, vol.

16, no.

1, 2008, pp.

3–17.

60 D. Greenwoodm ‘Can’t Take a Joke?

Good!

Speaking Out Against Sexist Humor is Worth the Social Risk’, Psychology Today, 5 January 2018, https://www.psychologytoday.com/au/ blog/mirror-mirror/201801/cant-take- joke-good.

61 M. Romero-Sánchez, M. Surán, H. Carrerero-Dios, and J.L.
Megías, ‘Exposure to Sexist Humor and Rape Proclivity: The Moderator Effect of Aversiveness Ratings’, Journal of Interpersonal Violence, vol.

25, no.

12, 2010, pp.

2339-2350.

62 B.J.

Drury, and C.R.

Kaiser, ‘Allies Against Sexism: The Role of Men in Confronting Sexism’, Journal of Social Issues, vol.

70, no.

4, 2014, pp.

637-652.

63 M.M.


Ayres, C. K. Friedman and L. Campbell, ‘Individual and Situational Factors Related to Young Women’s Likelihood of Confronting Sexism in Their Everyday Lives’, Sex Roles, vol.

61, 2009, pp.

449-460.

Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 64 K. Reardon, ‘It’s Not Always Clear What Constitutes Sexual Harassment.
Use This Tool to Navigate the Gray Areas’, Harvard Business Review, June 19 2018, https://hbr.org/2018/06/its-not- always-clear-what-constitutes-sexual- harassment-use-this-tool-to-navigate- the-gray-areas.

65 Adapted from Australian Human Rights Commission, Recognising and Responding to Sexual Harassment in the Workplace: Information For Employees, Sydney, AHRC, 2014.

Available at: https://www.humanrights.


gov.au/our-work/sex-discrimination/ publications/recognising-and-responding- sexual-harassment-workplace.

66 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces.

67 Ibid.

68 K.J.

Holland, V.C.

Rabelo, A.M. Gustafson, R.C Seabrook, and L.M.


Cortina, ‘Sexual Harassment Against Men: Examining the Roles of Feminist Activism, Sexuality, and Organizational Context’, Psychology of Men & Masculinity, vol.

17, no.

1, 2016, pp.

17-29.

69 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces, pp.

38.

70 B.L.
38.

70 B.L.

Russell and D. Oswald, ‘When Sexism Cuts Both Ways: Predictors of Tolerance of Sexual Harassment of Men’, Men and Masculinities, vol.

19, no.

5, 2016, pp.

524–544.

71 Diversity Council Australia (C. Brown, J. O’Leary, R. Trau, and A. Legg), Out at Work: From Prejudice to Pride, DCA, Sydney, 2018.

72 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces.

73 Ibid.
73 Ibid.

74 Government of Victoria, Inclusive Language Guide, Published 11 August 2016, accessed at https://www.vic.gov.

au/equality/inclusive-language-guide.

html.

75 Diversity Council Australia (C. Brown, J. O’Leary, R. Trau, and A. Legg), Out at Work: From Prejudice to Pride.

76 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.

77 F. Dobbin and A. Kalev, ‘Training Programs and Reporting Systems Won’t End Sexual Harassment.
Promoting More Women Will’, Harvard Business Review, 15 November 2017, https:// hbr.org/2017/11/training-programs-and- reporting-systems-wont-end-sexual- harassment-promoting-more-women-will.

R. Ilies, N. Hauserman, S. Schwochau, and J. Stibal, ‘Reported Incidence Rates of Work-Related Sexual Harassment in the United States: Using Metal-Analysis to Explain Reported Rate Disparities’, Personnel Psychology, vol.

56, no.

3, pp.

607-631.


78 F. Dobbin and A. Kalev, ‘Training Programs and Reporting Systems Won’t End Sexual Harassment.

Promoting More Women Will’.

79 H. McLaughlin, ‘Who is Harassed, and How?’.

Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.

80 E. Bernstein, ‘Power’s Role in Sexual Harassment’.

81 F. Dobbin and A. Kalev, ‘Training Programs and Reporting Systems Won’t End Sexual Harassment.

Promoting More Women Will’.


82 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.

83 Restaurant Opportunities Centers United, The Glass Floor, Sexual Harassment in the Restaurant Industry, (October 7, 2014), available at http://rocunited.org/wp-content/ uploads/2014/10/REPORT_The-Glass- Floor-Sexual-Harassment-in-the- Restaurant-Industry2.pdf.

84 Ibid.

85 Ibid.

86 Ibid.


87 Australian Human Rights Commission, Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces.

88 U.S.

Equal Employment Opportunity Commission (C. R. Feldblum & V. A. Lipnic), Select Task Force on the Study of Harassment in the Workplace.

89 Trade Union Congress, Still Just a Bit of Banter?

Sexual Harassment in the Workplace in 2016.


31 90 Australian Human Rights Commission, Effectively Preventing and Responding to Sexual Harassment: A Code of Practice for Employers 2008 Edition, AHRC, Sydney, 2008.

91 K. Higginbottom, ‘The Link Between Power and Sexual Harassment in the Workplace’.

92 Ibid.

93 S.J.

Potter and M.M.

Moynihan, ‘Bringing in the Bystander In-Person Prevention Programs to a Military Installation: Results From a Pilot Study’, Military Medicine, vol.

176, no.8, 2011, pp.


870-875.

94 P. Duncan and A.

Topping, ‘Men Underestimate Level of Sexual Harassment Against Women – Survey’.

95 Australia’s National Research Organisation for Women’s Safety (ANROWS), ‘New Research Uncovers Disturbing Australian Attitudes Towards Violence Against Women and Gender Equality’.

96 B.L.

Russell and D. Oswald, ‘When Sexism Cuts Both Ways: Predictors of Tolerance of Sexual Harassment of Men’.
97 Diversity Council Australia (M. Flood and G. Russell), Men Make a Difference: How to Engage Men on Gender Equality, Sydney, Diversity Council Australia, 2017.

98 Z.T.

Kalinoski, D. Steele-Johnson, E. J. Peyton, K. A. Leas, J. Steinke, and N. A.

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Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1 Diversity Council Australia Ltd Level 9, 225 George Street, Sydney NSW 2000 Phone: (02) 9322 5197 Email: admin@dca.org.au www.dca.org.au 32 Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 44 - Attachment 1