Discrimination against women is a violation of human rights. Australia's cultural and social history has led to systemic discrimination as well as to individual acts of discrimination. As per Article 2 of CEDAW, WEL calls on governments to institute legislative and other measures which prohibit and seek to eradicate discrimination against women. WEL supports the Sex Discrimination Act and is opposed to any changes which would weaken its effectiveness. WEL further calls for the removal of all exemptions for religious and other bodies from the Sex Discrimination Act. WEL calls for a new framework such as a national plan of action within which women's fundamental right to equal opportunity and equal citizenship is acknowledged and promoted. Such a framework would encompass effective equality legislation, the independence and proper resourcing of bodies charged with implementing such legislation, exemption from court fees for discrimination complaints, provision of legal aid for test cases and the systematic review of legislation and policies for discriminatory implications.
Sexual harassment is a form of sex discrimination, and constitutes an abuse of power which embarrasses, humiliates, intimidates and coerces. It may be intentional or unintentional and it may also constitute criminal behaviour. It creates a hostile and threatening environment in which the victims feel offended, humiliated or intimidated. If women or men are dismissed after complaining about sexual harassment this can constitute illegal unfair dismissal and can be pursued in the courts.
The Sex Discrimination Commissioner of the Human Rights and Equal Opportunity Commission, Elizabeth Broderick, has conducted an extensive Listening Tour throughout Australia and announces a "roadmap towards gender equality" in July 2008. CLICK here to read the full HREOC Media Release with all the proposed outcomes for women.
Ms Broderick provided valuable information about sexual harassment recently on Channel 10's 9am program. She said that it can be a familiar touch on the leg, an amusingly suggestive email, the odd question about a woman's sex life or a lingering look. Basically sexual harasssment is unwelcome or unwanted behaviour of a sexual nature which offends. It can also be physical cornering, unwanted groping hugs or kisses, emails or texting. This is not acceptable, but a new survey has found that 22% of women and 5% of men have experienced sexual harassment in the workplace during 2008.
Ms Broderick found that many men and women don't really understand what sexual harassment in the workplace is. For example, if someone asks you out on a date and you say "No, thanks", then, if they are around sitting in your workspace or texting you still, it becomes unlawful. It is certainly not good business sense, in times of skills shortages, to have a culture that is not inclusive of everyone. Surely parents of young women would not be happy for their daughters working in that particular workplace. Oftern young people say that they know it is not OK if their uncle does it, but they think it must be acceptable in the workplace. Some feel they will be victimized if they bring a complaint about sexual harassment, and can think that it not serious enough. The conduct can be one-off or ongoing, but is usually over a long period of time.
Sexual harassment is across all age groups and all kinds of workplaces - small, medium and large businesses. Casual, temporary and contract workers are three times more likely to experience it. Some employers should have stronger leadership and effective training. There should be a mechanism in the business for complaints and reporting. One in ten of those surveyed said they had witnessed sexual harassment.
There are free, accessible and timely external complaints mechanisms. So if there is none in your workplace come to the Australian Human Right Commission or a State-based commission. They have an early intervention strategy and can help while you are still in employment. It is important that you are not isolated - talk to friends and family and seek support. If you are getting sexually harassed, someone else will be too! Visit www.humanrights.gov.au for more, or send us an email if you have suffered unfair dismissal due to sexual harassment or any discriminatory treatment. YOU ARE NOT ALONE.
The Federal Legal and Constitutional Affairs Committee is conducting an inquiry into the effectiveness of the Commonwealth Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality. CLICK here to read the submission from WEL Australia.
The Human Rights and Equal Opportunity Commission will conduct an Inquiry into discrimination against same-sex couples in accessing financial and work-related entitlements. See Terms of Reference at www.humanrights.gov.au/samesex/
CLICK on items below for detailed information:
Download the Equal Opportunity for Women in the Workplace Agency (EOWA) Gender Income Distribution of Top Earners report, 2008, which invesigates pay disparity at senior levels in the top 200 companies on the Australian Stock Exchange and read how Tania Plibersek MP, Minister for Housing and Minister for the Status of Women, supports the report, in our WEL Victoria page on Industrial Relations. The report may be downloaded at www.eowa.gov.au.
Discrimination is not the answer: MLC Principal points out that discrimination is occurring even when girls do very well in school. Education need to address the realities of discrimination in the workforce "CLICK to see Ceiling starts in schools".