Sex Discrimination and Harassment

What does discrimination mean to you ?

Discrimination means treating someone unfairly

because they belong to a particular group of people.

Question: Do you think our workplace has changed?

And How has it changed from the 1970s to now for
example?

 Question: so why can we not tell a joke about a

women or a particular culture?
 Sex Discrimination Act (SDA)
 The Sex Discrimination Act (SDA) makes it clear that to live and work in an environment free of
sex discrimination and sexual harassment is a human right - not a privilege.
 The SDA is federal legislation, which makes sex discrimination against the law. The SDA gives
effect to some of Australia's obligations under the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) and parts of the International Labour
Organisation Convention 156. The major objectives of the SDA are to:
 promote equality between men and women;
 eliminate discrimination on the basis of sex, marital status or pregnancy or potential pregnancy
at work, in educational institutions, in the provision of goods and services, in the provision of
accommodation and the administration of federal programs, and dismissal from work because
of family responsibilities; and
 eliminate sexual harassment at work, in educational institutions, in the provision of goods and
services, in the provision of accommodation and the administration of federal programs.
 In practical terms this means that in Australia it is against the law to discriminate on the basis
of sex, marital status, pregnancy or potential pregnancy in many areas of public life. The SDA
also prohibits sexual harassment and dismissal from employment on the basis of family
responsibilities. Victimisation associated with any of these grounds is also prohibited.
 This year marks 25 years since the Act was passed.
 Categories of discrimination

Indirect discrimination

Direct discrimination
 What is harassment?


In terms of anti-discrimination law, harassment is
any form of behaviour that: you do not want;
offends, humiliates or intimidates you; and
targets you because of your sex, pregnancy, race, age,
marital status, homosexuality, disability, transgender
(transsexual) status or carers’ responsibilities.
 What is sexual harassment?

In terms of anti-discrimination law, sexual

harassment is any form of sexually related behaviour
that: you do not want; and
in the circumstances, a reasonable person would
have expected you to be offended humiliated or
intimidated.
 What types of behaviour could be either harassment or
sexual harassment?

Depending on the circumstances, each of the following kinds of behaviour may be harassment: material that is
racist, sexist, sexually explicit, homophobic (anti-gay) and so on that is displayed in the workplace, circulated on
paper or by email, or put on a computer or fax machine or on the internet, or in someone’s workspace or
belongings;

 verbal abuse or comments that put down or stereotype people because of their sex, pregnancy, race, age, marital
status, homosexuality, disability, transgender status or carers’ responsibilities;
 Offensive jokes based on sex, pregnancy, race and so on;
 Offensive gestures based on sex, pregnancy, race and so on;
 Ignoring, isolating or segregating a person or group because of their sex, pregnancy, race and so on;
 staring or leering in a sexual manner;
 Sexual or physical contact, such as slapping, kissing touching or hugging;
 Intrusive questions about sexual activity;
 sexual assault (also a crime under the Crimes Act);
 unwelcome wolf whistling;
 Repeated sexual invitations when the person invited has refused similar invitations before; and
 initiation ceremonies that involve unwelcome sexual, sexist, racist and so on behaviour.
 Anyone can be harassed, including people of any age or race, women or men. Harassment is often about one
person (or a group of people) using power inappropriately over another person or group of people. But
harassment can also occur between people when there is no power relationship. It may simply create a hostile
environment. It is also against the law for a person to be harassed because of their relationship to, or association
with, a person of a particular sex, race, age, marital status, homosexuality, disability, transgender status or
carers’ responsibilities.
 What types of discrimination are against the law in NSW?

 Sex discrimination
when you are treated unfairly or harassed because you are a woman or because you are a man.
 Pregnancy discrimination
when you are treated unfairly or harassed or not given the same opportunities because you are
pregnant.
 Race discrimination
when you are treated unfairly or harassed because of your race, colour, ethnic background, ethno-
religious background, descent or nationality.
 Age discrimination
when you are treated unfairly or harassed because of your age, for example, because people think you
are too old, too young or middle aged. Forcing people to retire at the old retirement age is also against
the law.
 Marital status discrimination
when you are treated unfairly or harassed because of your particular marital status — for example,
because you are single, or married, or living in a de facto relationship.
 Homosexual discrimination
when you are treated unfairly or harassed because you are lesbian or gay, or someone thinks you are
lesbian or gay.
 What types of discrimination are against the law in NSW?

 Disability discrimination
when you are treated unfairly or harassed because you have a disability, or someone thinks you have a disability. It is also against the law to
treat you unfairly or harass you because you had a disability in the past, or because you will or may get one in the future. Disability includes
physical, intellectual and psychiatric disabilities, learning and emotional disorders, and any organism capable of causing disease (for
example, HIV).

 Transgender (Transsexuality) discrimination

when you are treated unfairly or harassed because you are transgender or others think you are transgender. You are counted as transgender
if you live or seek to live as a member of the opposite gender (sex) to your birth gender.

 Carers' responsibilities discrimination

when you are treated unfairly or harassed (in employment only) because you are responsible for caring for or supporting some adults or
children, or others think you are.

 Discrimination because of who you are related to, or who you associate with
when you are treated unfairly or harassed because of the sex, pregnancy, race, age, marital status, homosexuality, disability, transgender
status or carers’ responsibilities of one of your relatives, friends or work colleagues.

 Harassment
when you are subjected to behaviour that you do not want, that offends, humiliates or intimidates you, and targets you because of your sex,
pregnancy, race, age, marital status, homosexuality, disability, transgender status or carers’ responsibilities.

 Sexual harassment
when you are subjected to sexually related behaviour that you do not want, and a reasonable person would have expected you to be offended,
humiliated or intimidated.

But, these types of discrimination and harassment are only against the law if they happen in one of the following places
or circumstances:
Areas of discrimination
Employment
this includes everything to do with work — applying for a job, what happens at work and leaving a job.
 Sex Discrimination Cases
 Social relationship
A woman worked as a casual kitchen hand. She alleged that she was sexually harassed by a chef
when he continually propositioned her to form a relationship with him, both in the workplace
and in her home. The woman acknowledged that she had formed a social relationship outside
the workplace with the chef, but said that she wanted this to remain platonic. She alleged that
after she rejected his advances she was not offered any further work. The complaint was
resolved at the Board when the woman accepted a payment of $3,000.

 Comments/ transport provider

A woman worked for a transport provider and was one of only two women working in fleet
quality control. She alleged that she was subjected to sexual harassment by the men in the area,
including sexual references and comments about her body. The woman made an internal
complaint and the company investigated it, but she wasn’t satisfied with the outcome as the
men denied that anything had happened. A second investigation still did not produce results
and she went on extended sick leave and made a complaint of victimisation to the Board (by
this time the original incidents were outside the Board’s 12-month time limit). Once the Board
was involved, witnesses were found who supported the woman’s claims. A representative of the
company agreed that they could have done more to support the woman and investigate her
claim. The woman initially wanted compensation, but decided that the most important thing
was to get her job back. The complaint was resolved at the Board when the company agreed to
retrain the woman to work in another division, as it would have been difficult for her to return
to her previous position.
 Sex Discrimination Cases
Inappropriate conversation
A woman worked as the manager of an adult store. She
alleged that the owner of the store subjected her to
unwelcome conduct of a sexual nature. This alleged
conduct included: telling her that she had beautiful eyes;
telling her about his extramarital affairs; talking about
erectile dysfunction and how he would react if afflicted by
the condition; encouraging her to stay overnight on a
business trip; making references to the size of his penis;
and interacting with another staff member in a sexual
manner in front of her. The complaint was settled when
the woman accepted a payment of $4,200.
 Sex Discrimination Cases
 No sexual harassment policy
A man was employed as a reception clerk in the hospitality industry and made a complaint of
sexual harassment against his employer and an individual. He alleged that the individual
prepared a meal for him, which consisted of a sausage and two cherry tomatoes arranged to
resemble male genitalia, and also pinched him on the buttocks. The individual admitted to the
conduct but said that the man’s prior actions had led him to believe it would not be unwelcome,
as the man had engaged in conduct of a sexual nature towards the individual and other
employees on numerous occasions. The employer did not have a sexual harassment policy at the
time of the incidents. The complaint was resolved when the employer and the individual agreed
to provide the man with statements of regret, a statement of service, and $5,000, and the man
agreed to vacate the premises of the employer where he was still residing. The parties also
agreed that the employer would implement a sexual harassment policy and train all its staff.
 Supervisor dismissed because of behaviour
A woman, who was a factory worker said that her supervisor harassed her by asking her out
persistently, touching her and making sexual comments to her. She reported this to the factory
managers who gave the supervisor three warnings and eventually dismissed him because of his
behaviour. The woman lodged a complaint of sexual harassment with the Board, saying that the
employer had not taken firm enough action against the supervisor as the behaviour continued
until he was dismissed. The matter was resolved when the employer agreed to pay the woman
$4,000.
 Sex Discrimination Cases
Sexual banter
A young woman lodged a complaint of sexual
harassment with the Board against her former
employer. She admitted that there had been a fair
amount of general sexual banter and comments in
the office that she had tolerated, but she became
uncomfortable when the comments made by her
manager were directed to her personally in an
isolated situation. The manager did not deny making
the comments. The matter was settled by financial
compensation to cover some of the wages the woman
lost before she found other employment.
 What are my rights at work?

 The law says that your employer must not harass you or any other
employee at work. It also says that they must do their best to make
sure that there is no harassment in their workplace.
 This means that they must do their best to make sure that your
supervisor doesn’t harass you, that your workmates don’t harass
you, and that customers, clients and any other people you have to
deal with at work don’t harass you. They must do this whether you
are permanent, full-time, part-time or casual.
 Of course, if you are happy with a particular type of behaviour or
you want to have a relationship with someone you work with, that is
your business — as long as it doesn’t interfere with your work or any
standards of workplace behaviour that your employer has set. If you
don’t mind the behaviour then it’s not harassment.