Good Luck or Good Management
Sex Discrimination
Good Luck or Good Management
Speech by Susan Halliday,
Sex Discrimination Commissioner to the Women and Management Breakfast,
15 September 1998
Introduction
I was appointed federal
Sex Discrimination Commissioner on International Womens Day this
year, and started my work with the Human Rights and Equal Opportunity
Commission on the 28th of April.
I am charged with
a number of functions under the Sex Discrimination Act 1984. Several
of these functions relate to my complaints handling role. Others relate
to my educative and policy roles, particularly the functions:
- to promote an
understanding and acceptance of, and compliance with, this Act; - to undertake research
and education programs, and other programs, on behalf of the Commonwealth
for the purpose of promoting the objects of this Act;
Education is a very
important part of my role. It involves providing education about rights
and responsibilities for those who are likely to suffer from discrimination
as well as to those who may discriminate. To fulfil this I am currently
speaking with employers, employees, unions, non-government organisations
and, particularly, young people. Part of my role is to ensure that government
policy and practice comply with the spirit and letter of federal anti-discrimination
legislation. In this regard, I am tasked to influence government as is
clearly envisaged by section 48 (g) of the Act.
Although the SDA
has been with us for almost 15 years, legitimate cases of blatant sex
discrimination and sexual harassment still cross my desk, and some of
them are absolutely appalling. The SD Act prohibits discrimination on
the basis of sex, marital status, pregnancy and potential pregnancy, sexual
harassment and dismissal on the basis of family responsibilities.
Levels of understanding
and tolerance vary greatly across the community and I have clear evidence
that there remain some within the community who lack an understanding
of the basic first principles of equality
Like many of you,
I have worked for many years. I am of the view that although most employers
do not intentionally discriminate, a significant number of workplaces
still lack preventative education around the issues of discrimination,
harassment and victimisation. Many employers have also overlooked the
need to develop and implement early intervention strategies.
Cases of more complex
forms of discrimination are on the increase. By complex I mean more subtle,
indirect and covert. On the surface there may appear to be equal treatment,
but in reality there is disproportionate negative discrimination, and
it is usually against women.
Around 90% of current
complaints under the Sex Discrimination Act deal with employment. This
is a consistent statistic.
16% of complaints
are lodged by men
An analysis of recent
indicated, sexual harassment complaints comprised 60% of complaints, pregnancy
and family responsibilities accounted for 15%, and direct sex discrimination
21%. Complaints on the grounds of marital status accounted for about 4%.
Pay Equity
I believe equality
is a meaningless term unless it is grounded in economic equality. At present
average weekly earnings of full-time female workers are 80% of that of
their equivalent male workers. The pay gap narrowed in the 1970s, but
the pace of change slowed in the 1980s.
It must be noted
that the 80% figure refers to ordinary earnings by full-time workers.
If over time and over-award payments are taken into account the ratio
of average female to male full-time earnings drops to 79%.
A different picture
emerges when part-time, casual and junior positions are taken into account.
Average female earnings are only 66% of male earnings. This figure has
changed little from 1983 to 1997.
The Commission has
been involved in the recent NSW Pay Equity Inquiry, and we continue to
monitor the progress of the Equal Pay Cases, proactively stimulating public
debate on the issue.
It is time that Australian
industrial tribunals, governments, academics, unions and employers bit
the bullet and finally addressed the stubborn pay inequities that remain.
We all have a role to play.
Actually recognising
that women are still less well remunerated than men in many instances
is a start - a situation often resulting from "added extras",
over-award payments and benefits.
I recognise that
increasingly both individuals and organisations are seeking to ensure
that the remuneration provided to male and female employees is equitable.
There are some that regularly review their pay systems (including bonus
schemes and benefits), ensuring that job evaluation and performance appraisal
systems are free from bias.
There are those individuals
and organisations who also hinder progress, and while this may be done
unwittingly, I consider my role to encompass activities that ensure the
publication of accurate data around pay equity, and a need to counteract
misinformation.
Successful women
Progress is slow.
Only 4% of women employed full-time are managers or administrators, compared
to 10% of men, and women represent only 4% of all board members nationally.
While womens
managerial representation is currently improving at the rate of 0.15%
per year were this trend to continue, it would take women 177 years
to reach equal representation.
Were moving
beyond the days when successful women were perceived by both men
and women as iron maidens or worse still, women who
had to out-macho men. There is growing recognition that some
of the core competencies shared by successful women, stem from traditional
skills and roles but now were starting to identify and value
these competencies, rather than exploit them.
I asked myself and
many women I know the question of what defines a successful woman, and
we distilled a plethora of ideas into the following attributes:
- Someone who challenges
the whole concept of what actually constitutes success (ie
to think beyond power, money, and prestige the accepted traditional
western male indicators). - Someone who can
communicate a vision and encourage those around her to share
in making the vision a reality. - Someone who is
willing to be creative in terms of cultivating a new, supportive culture. - Someone with the
courage to define and pursue a new way of working and gain acceptance
from others for doing so. - Someone who acknowledges
that success is often in part attributable to the cooperation and support
of others. - Someone who inspires
others with a balance of passion, personal strength, common sense and
humanity. - Someone who can
be a leader, a manager and a co-worker. - Someone who is
comfortable with developing others. - Someone who personally
balances the demands of work and family, and involves other key figures
in her life to play an integral role in ensuring the balance is achievable. - Someone who is
honest with herself when identifying what she values, desires and needs,
and makes decisions on her personal values, rather than other peoples
values, or what others think or expect of her. - Someone who seeks
to improve not only her working life, but society itself.
Pregnancy Discrimination
There is evidence
both anecdotal and through my formalised complaint data that women are
given less access to career development and training, and are denied opportunities
when pregnant or returning to work with family commitments.
In many organisations
it remains the case that taking time off to have, or care for a baby,
is career suicide.
Concerned about the
number of pregnancy complaints (as I mentioned earlier, approx 15% of
complaints received fall into this category. A significant amount when
you consider how few women are pregnant and working at any one time),
I identified this as an area in need of work.
On 26 August the
Attorney General announced a national inquiry into pregnancy, and potential
pregnancy discrimination in relation to work. The inquiry is being conducted
by the Sex Discrimination Unit and will conclude and report back in May
of next year.
The inquiry will
result in a series of recommendations and a set of guidelines designed
to assist employers, employees and other interested parties to understand
their rights and responsibilities in relation to pregnancy and potential
pregnancy in the workplace.
We will be conducting
consultations in regional and metropolitan areas in several states, and
will be speaking with a wide range of parties. We welcome submissions
from individuals based on personal experiences, whether they be positive
or negative.
We are all aware
there is higher parental workforce participation than ever before. For
mothers of children aged less than 5 years, 52% from couple families and
34% of sole mothers are in the workforce. For fathers, regardless of the
age of the youngest child, 95% were in the workforce. As you would expect,
participation rates increase as children grow up.
Our degree of attachment
to work and the importance of employment to a sense of personal identity
was reflected in findings from the Australian Institute of Family Studies.
Parents with children under 18 years were asked the question "If
you had a reasonable income without having to work, would you still prefer
to have a paid job?". 72% of fathers and 64% of mothers indicated
that they would still prefer to work.
Conclusion
I am not a bureaucrat;
I am a Commissioner of an independent statutory authority and as the incumbent
of an independent statutory position, my role differs quite extensively
from that of a bureaucrat. On accepting this position, I agreed to inform
federal Ministers of issues relating to their portfolios that arise in
the course of my work irrespective of the complexion of the government
of the day. I have a firm commitment to the rule that there should be
"no surprises" and at all times aim for fair outcomes that are
of educative value to the community. Much of my work remains confidential
however I have chosen to use all avenues that are provided to me under
the Act to pursue true equality which at this stage is still beyond the
grasp of all Australians.
A careful balancing
act between encouraging, pushing and at times forcing, employers to abide
by the law and continually pushing the boundaries of best practice I consider
much of the change needed as we move into the 21st century is cultural.
Employment practices while still largely determined by societys
traditional views of women, are being put under the spot-light with systems
designed for working men with supporting wives are slowly being dragged
into line with todays realities.
The unanswered question
of course is how many female human resources do we displace, under-utilise
or waste during the slow, agonising process of much needed, yet still
strongly resisted by many, change.
There is no doubt
however that women in the workforce are here to stay. With over one third
of Australian businesses owned and run by women, demonstrating a success
rate that outstrips that of their male counterparts Australian
women are a growing force.
A recent study in
the UK indicated that in 5 years time, 50% of all businesses will be run
by women and that women would make up the majority of the workforce.
In Australia we are
making progress too and each of you in your own individual way has a vital
role to play. We cannot afford to become complacent, irrespective of the
choices we make we are entitled to fair and equitable treatment
it is essential that we keep womens rights in our sights.
Last
updated 1 December 2001
