Chapter 3: The extent of sexual harassment in Australia - Sexual harassment: Serious business

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Sexual harassment: Serious business

Chapter 3: The
extent of sexual harassment in Australia

Contents

3 The extent of sexual harassment in Australia
3.1 Introduction
3.2 Incidence of sexual harassment in the general population
3.3 Incidence of sexual harassment in the workplace
3.4 Incidence of sexual harassment in the workplace in the last five years
3.5 Incidence of specific sexual harassment behaviours in the workplace
3.6 Incidence of witnessing sexual harassment

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3.1 Introduction

I’m 47 and four years ago my [male] boss asked me if I was wearing a
g-string. It was in front of everyone. I told him off. I was of the opinion that
once you reach a certain age the risk is lower but it still
happens.^[11]

The 2003 national telephone survey conducted by the Commission was the first
major national research to measure the extent of sexual harassment in the
general population of Australia. The 2008 national telephone survey built on the
2003 survey.

Understanding the prevalence of sexual harassment and monitoring changes over
time is critical to developing effective responses.

This section of the report provides analysis on the incidence of sexual
harassment amongst Australians aged 18-64, comparing the results of the 2003 and
2008 national telephone surveys.

Two methods of questioning were used to measure the incidence of sexual
harassment in Australia.^[12] Firstly, the definition of sexual harassment was provided based on the Sex
Discrimination Act 1984 (Cth). Based on this definition, respondents were
asked whether they had experienced sexual harassment and where and when it
occurred. To enable comparison, these questions were asked in both the 2003 and
2008 national telephone surveys.

Since the 2003 survey, however, further research by the Commission on survey
methodologies in relation to sexual harassment indicated that additional
questions should be included in the survey in order to improve the assessment of
the incidence of sexual harassment.

The literature on sexual harassment survey methodologies observes a
difference in the estimated incidence depending on how respondents are asked
about their experience. Asking respondents whether they have experienced sexual
harassment based on providing a legal definition of sexual
harassment^[13] can be daunting, as
it requires the respondent to make a judgement about the kinds of behaviours
that a lawyer or court would regard as constituting sexual harassment. This also
relies on the perceptions of the respondent as to what sexual harassment may or
may not be, rather than simply whether they have experienced particular types of
unwelcome behaviour. As such, questions based on a definition of sexual
harassment may lead to under-reporting of the incidence of sexual harassment, as
most people have quite narrow perceptions of what constitutes sexual
harassment.^[14] In contrast,
questions that specify the behaviours are more concrete and are less reliant on
a person’s own understanding of sexual
harassment.^[15]

For this reason, questions based on specific behaviours are likely to yield a
more realistic incidence of sexual harassment. Accordingly, in the second wave
of the 2008 telephone survey, an additional set of questions was asked to
measure the incidence of specific behaviours that are likely to be forms
of sexual harassment.^[16] Respondents were asked whether they had experienced these behaviours in the
workplace or at work-related events in the last five years in a way that they
felt was unwelcome.

The results of the 2008 national telephone survey reflect these explanations
of methodological variations. The questions based on the legal definition of
sexual harassment provided a more conservative incidence of sexual harassment
and the questions based on specific behaviours provided a higher incidence of
sexual harassment.

3.2 Incidence
of sexual harassment in the general population

Between 2003 and 2008, there has been a statistically significant decrease in
the number of people between the ages of 18 to 64 who have personally
experienced sexual harassment.

In the 2008 national telephone survey, 20% of respondents between the ages of
18 to 64 said they had personally experienced sexual harassment, compared to 28%
in 2003.^[17]

The survey results reveal that women are around four times as likely to
experience sexual harassment compared to men. Breaking the results down by
gender, 32% of women said they personally experienced sexual harassment,
compared to 41% in 2003. By comparison, 8% of men reported experiencing sexual
harassment, a reduction from 14% in 2003.

This incidence is based on being provided the definition of sexual
harassment. It does not include the respondents who said they did not experience
sexual harassment, but then reported experiencing a behaviour that may amount to
sexual harassment under the Sex Discrimination Act 1984 (Cth).

3.3 Incidence
of sexual harassment in the
workplace^[18]

The majority of sexual harassment continues to be experienced in the
workplace. In both the 2003 and 2008 surveys, 65% of those who experienced
sexual harassment said it was in the workplace. In contrast, 5% said they
experienced sexual harassment in an educational institution (4% in 2003), 1% had
experienced sexual harassment in the provision of goods and services (same as
2003), and 28% said they had experienced sexual harassment
‘elsewhere’ (same as in 2003).

Women are more likely than men to experience sexual harassment in the
workplace. Breaking the results down by gender, 22% of women and 5% of men have
experienced sexual harassment in the workplace in their lifetime, compared to
28% of women and 7% of men in 2003.

3.4 Incidence
of sexual harassment in the workplace in the last five years

The 2008 national telephone survey shows that there has been a statistically
significant decrease in the level of sexual harassment experienced in the
workplace in the last five
years.^[19] In the 2008 survey, 4% of
the population reported experiencing sexual harassment in the workplace in the
last five years, compared to 11% in
2003.^[20] The majority (67%) of
those who personally experienced sexual harassment said they experienced it over
five years ago, compared to 40% in 2003.

There are a number of possible explanations for the decrease in the number of
respondents who reported experiencing workplace sexual harassment in the last
five years.

One possible explanation may be that there has been an increase in employers
using effective sexual harassment policies and prevention strategies since 2003,
particularly with the introduction of new delivery methods in sexual harassment
training. Employers may have gained an increased awareness of their legal
obligations in regards to sexual harassment. If this is the case, these results
suggest that these preventative efforts are proving effective and therefore
should be continued. An analysis of the actions employers are taking to prevent
and respond to sexual harassment, and the effectiveness of those strategies, is
an area for further research.

Another potential explanation for the reduction in the incidence of workplace
sexual harassment in the last five years could be a lower awareness of sexual
harassment in 2008 compared to 2003. This may mean people are less likely to
identify their experience as sexual harassment. The results of this telephone
survey suggest a significant lack of understanding as to what sexual harassment
is.^[21] However, the specific sexual
harassment behaviour questions were not asked in 2003. These questions would
need to be repeated in the next national telephone survey in order to track
trends in the level of understanding of sexual harassment over time.

3.5 Incidence
of specific sexual harassment behaviours in the workplace

The 2008 national telephone survey asked respondents who said they did
not experience workplace ‘sexual harassment’ in the last five
years according to the definition
provided^[22] whether they
experienced a range of specific behaviours that are likely to constitute sexual
harassment.^[23]

A significant portion of respondents reported experiencing specific sexual
harassment behaviours, despite saying that they did not experience sexual
harassment. Indeed, 22% of respondents who said they did not experience
workplace ‘sexual harassment’ in the last five
years^[24], still went on to report
experiencing one or more behaviours that in fact may constitute sexual
harassment under the Sex Discrimination Act 1984 (Cth).

The most common behaviour reported was being subject to sexually suggestive
comments or jokes that made respondents feel offended (10%), followed by
intrusive questions about their private life or physical appearance that made
respondents feel offended (9%).

The results show that some respondents did not identify physical sexual harassment behaviours as sexual harassment. Of those respondents
who said they did not experience workplace ‘sexual harassment’ in
the last five years according to the definition, 5% reported some kind of
physical sexual harassment, including unwelcome touching, hugging, cornering or
kissing, inappropriate physical contact or actual physical assault.

Table 1 Sexual harassment behaviours experienced in the workplace in
the last five years

The significant difference between the reported incidences of sexual
harassment based on the two types of questions directly points to a lack of
understanding of what sexual harassment is, particularly for those who
experience it. For example, it is evident that around one in ten respondents did
not identify unwelcome sexually suggestive comments or unwelcome intrusive
questions about one’s private life as sexual harassment. This finding
demonstrates the need for ongoing workplace education about sexual harassment
with a strong focus on raising awareness of the specific behaviours that may
constitute sexual harassment.

3.6 Incidence
of witnessing sexual harassment

The number of Australians who have reported witnessing sexual harassment in
the workplace in the last five years has remained at similar levels between 2003
and 2008.

Around 12% of the general population said they have witnessed sexual
harassment in the workplace in the last five years, compared to 14% in
2003.^[26]

The 2008 national telephone survey found that respondents are more likely to
have witnessed sexual harassment in the workplace if they are living in a
capital city, compared to a regional and rural area. Employees for large
organisations (more than 100 employees) are more likely to witness sexual
harassment compared to employees of small (25 or less employees) and medium (26
to 100 employees) organisations.^[27]

Similar to the 2003 national telephone survey, the large majority of those
who witnessed sexual harassment (88%) took some form of action when the
harassment happened. The most common type of action was to talk or listen to the
victim (72%) followed by offering advice to the victim (69%).

It is noteworthy that around one in three (35%) of those who witnessed sexual
harassment reported it to their employer, compared to only 16% of those who
experienced sexual harassment who made a formal report.

The willingness of people to take action following witnessing sexual
harassment highlights a number of issues. The findings of the 2008 national
telephone survey suggest that those who witness sexual harassment are more
likely to report it to employers compared to those who experience it. This could
be because witnesses are less likely to have feelings of embarrassment or fear
of a negative impact on them
personally.^[28]

It is clear that work colleagues play an important role in supporting those
who experience sexual harassment and taking action when it happens. It is
critical that employers provide avenues for witnesses of sexual harassment to
make formal complaints or reports without the fear of negative
repercussions.

The static level of sexual harassment being witnessed in Australian
workplaces is concerning for a number of reasons. Consistently witnessing sexual
harassment, particularly where action may not be taken by the employer to
prevent or remedy it, can have a detrimental effect on workplace cultures and
gender relations in the workplace. Further, witnessing sexual harassment may
also be an indicator of a workplace culture that tolerates sexual harassment,
particularly where this occurs regularly. A number of researchers have commented
on the 'chilly climate' of workplaces where sexual harassment is tolerated,
arguing that this adversely impacts upon other aspects of gender relations in
the workplace such as the occupational attainment of women in the
workplace.^[29]

Figure 1: Type of action taken after witnessing sexual
harassment

References

^[10] According to the
definition from the Sex Discrimination Act 1984 (Cth) s
28A.
^[11] Australian Human Rights
Commission, Sex Discrimination Commissioner’s Listening Tour –
Brisbane Community Consultation (2008).
^[12] For full detail of the
questions please see Appendix B for a copy of the 2008 national telephone
survey.
^[13] Based on the Sex
Discrimination Act 1984 (Cth).
^[14] R Illies et al,
'Reported incidence rates of work-related sexual harassment in the United
States: Using meta-analysis to explain reported rate disparities. , 56(3),
607-618.' (2003) 56(3) Personnel Psychology p.607.
^[15] R Illies et al,
'Reported incidence rates of work-related sexual harassment in the United
States: Using meta-analysis to explain reported rate disparities. , 56(3),
607-618.' (2003) 56(3) Personnel Psychology p.607.
^[16] Please see question 5
(b) of the survey at Appendix
B.
^[17] Sample size = 2005;
Margin of error + 2.2% 95% confidence
level.
^[18] This incidence is
based on being provided the definition of sexual harassment. It does not include
the respondents who said they did not experience sexual harassment, but then
reported experiencing a behaviour that may amount to sexual harassment under the Sex Discrimination Act 1984 (Cth).
^[19] This incidence is
based on being provided the definition of sexual harassment. It does not include
the respondents who said they did not experience sexual harassment, but then
reported experiencing a behaviour that may amount to sexual harassment under the Sex Discrimination Act 1984 (Cth).
^[20] Sample size = 2005;
Margin of error + 2.2% 95% confidence
level.
^[21] See section 3.5
Incidence of specific sexual harassment behaviours in the
workplace
^[22] According to the
definition in the Sex Discrimination Act 1984 (Cth).
^[23] For these set of
questions Sample size = 947, margin of error is + 3.2% 95%
confidence level.
^[24] According
to the definition provided from the Sex Discrimination Act 1984 (Cth).

^[25] Margin of error for this
sample size is + 3.2%, 95% confidence level.
^[26] Sample size = 2005; Margin
of error + 2.2% 95% confidence
level.
^[27] These results should
be interpreted with caution as the sample was not representative by employer
size.
^[28] See reasons for not
reporting sexual harassment in section
5.9.
^[29] C Burton, Gender
Equity in Australian University Staffing (1997); J Williams et al,
‘Beyond the ‘Chilly Climate’: Eliminating Bias Against Women
and Fathers in Academe’ (2006) Thought and Action p.79.