Chapter 6 - Working without fear: Results of the Sexual Harassment National Telephone Survey (2012)

Working without fear:

Results of the Sexual Harassment National Telephone Survey

• Back to Contents
• Foreword
• Abbreviations
• Chapter 1: Executive summary
• Chapter 2: Sexual harassment national telephone survey 2012
• Chapter 3: Sexual harassment
• Chapter 4: Prevalence
• Chapter 5: Nature and characteristics
• Chapter 6: Prevention and response
  • 6.1 Formal reports and complaints
  • 6.2 Support and advice
  • 6.3 Reasons for not reporting or seeking support or advice
  • 6.4 Bystander actions
  • 6.5 Access to information about sexual harassment
  • 6.6 Conclusion
• How to make a complaint and get more information
• Endnotes
• Appendix 1: 2012 National Survey questionnaire
• Figures

Chapter 6: Prevention and response

Chapter 6 examines steps taken to prevent and respond to sexual harassment in Australian workplaces. It focuses on the frequency, nature and outcomes of formal reports and complaints about sexual harassment as well as seeking advice or support. It also addresses the frequency, type and outcomes of bystander actions and identifies preferred sources of information about sexual harassment.

6.1 Formal reports and complaints

Although sexual harassment is common in Australian workplaces, only a small proportion of people who have been harassed in the workplace make formal reports or complaints about sexual harassment. This is in spite of the fact that formal reports or complaints of sexual harassment in the workplace have been resolved quickly
(in less than one month) in most cases and with high or extremely high levels of satisfaction amongst the majority of complainants. There may, however, be a correlation between the low rates of reporting and the increasing number of people who experience negative consequences (eg victimisation) as a result of making a formal report or complaint.

Because of the small sample size of respondents who made a formal report or complaint about sexual harassment (n=85) and the even smaller sample sizes when gender is taken into account (women: n=59; men: n=26), many of the results in section 6.1 are reported in terms of a fraction (x/y) rather than a percentage (%). However, to ensure consistency with other parts of the report, percentages are used in each of the figures / graphs.

(a) Number

Respondents who said they had been sexually harassed in the workplace in the last five years (n=420) were asked whether or not they made a formal report or complaint. Only one in five (20%) of those respondents indicated that they had made a formal report or complaint, a small increase since 2008 (16%) but much lower than in 2003 (32%).

It is an ongoing concern that the majority of people who are sexually harassed in the workplace do not formally report the harassment. It highlights that employers need to address sexual harassment proactively, rather than rely on individual employees to make formal reports or complaints. This is especially important in light of the finding that a high proportion of incidents are perpetrated by a single, repeat offender (see section 5.3(d)).

Formal reports and complaints were slightly more common amongst women (22%) than men (17%), similar to in 2008 (19% of women, 9% of men). There has, however, been a significant increase in the proportion of reports or complaints submitted by men between 2008 (9%) and 2012 (17%).

Figure 20: Formal reports and complaints (by sex) Base: Respondents who experienced sexual harassment in the workplace in the past five years (n=420), men (n=159), women (n=261)

Formal reports and complaints were most likely to be made by people aged 15 to
17 years (30%), followed by people aged 30 to 39 years (27%). Formal reports and complaints were lowest amongst persons aged 65 years or more (10%).

Figure 21: Formal reports and complaints (by age) Base: Respondents who experienced sexual harassment in the workplace in the past five years (n=420); 15-17 (n=15); 18-29 (n=125); 30-39 (n=83); 40-49 (n=100); 50-64 (n=80); 65+ (n=17)

The majority of people who made formal reports or complaints related to sexual harassment in the workplace in the past five years were either extremely offended (44%) or very offended (25%) or extremely intimidated (48%) or very intimated (28%) by the harassment.

Figure 22: Complaints according to degree of offence or intimidation Base: Respondents who experienced sexual harassment in the workplace in the past five years and made a formal complaint (n=85)

Out of all respondents who made a formal report or complaint about sexual harassment, 35% reported physical harassment and 97% reported non-physical harassment (noting, once again, that many respondents experienced both physical and non-physical forms of harassment). Taken from another perspective, the data shows that 26% of all respondents who experienced physical harassment and 20% of all respondents who experienced non-physical sexual harassment formally reported sexual harassment.

(b) Recipients of reports and complaints

Reports and complaints related to sexual harassment in the workplace were submitted to a diverse range of individuals, highlighting the need for widespread training on how to respond effectively to such reports and complaints.

The majority of reports and complaints about sexual harassment in the workplace were made to the target’s employer or one of its representatives. Managers / supervisors (51%) and employers / the boss (20%) were the most common recipients of reports and complaints. This continues the trend from previous surveys, which found that managers / supervisors (53% in 2003, 64% in 2008) and employers / the boss (34% in 2003, 25% in 2008) are the most common recipients of reports and complaints.

Figure 23: Complaint recipients (by survey wave) Base: Respondents who experienced sexual harassment in the workplace and who made a formal report or complaint (n=85); men (n=26); women (n=59)

A very small proportion (1%) of respondents submitted complaints to the Commission or its state and territory counterparts.³⁰ This suggests that the sexual harassment complaints that the Commission receives each year represent the ‘tip of the iceberg’.

* One complaint may have multiple grounds of discrimination.

** As a percentage of complaints received under the Sex Discrimination Act.

Women were more likely than men to address their report or complaint to their manager / supervisor (women: 33/59; men: 11/26) and employer / boss (women: 14/59; men: 2/26). In contrast, men (6/26) were more likely than women (6/59) to address their complaint to their human resources manager or equivalent.

(c) Time taken to submit reports and complaints

Over two in five (43%) respondents who made a report or complaint related to sexual harassment did so immediately, on the same day or the day after being harassed. Women (27/59) were more likely than men (9/26) to submit a report or complaint immediately, on the same day or the next day. In contrast, men (10/26) were more likely than women (9/56) to submit a complaint one to three months later.

Figure 24: Time period between harassment and reporting (by sex) Base: Respondents who experienced sexual harassment in the workplace and who made a formal report or complaint (n=85); men (n=26); women (n=59)

(d) Finalisation

The majority (78%) of complaints that were finalised were finalised in less than a month, with almost half (49%) of respondents indicating that their complaints were finalised immediately or on the next working day. This is consistent with the 2008 National Survey and shows that complaints processes can be an efficient way to address sexual harassment. A very small proportion of complaints (3%) took more than 12 months to be finalised.

Finalised reports and complaints about sexual harassment in the workplace were more likely to be finalised between the target and his or her employer (or one of its representatives) than with the involvement of external actors (eg courts). Just over one-third of respondents who made a formal report or complaint finalised it with their employer (36%) or their boss (34%).

(e) Outcomes

Almost half (45%) of respondents who made a formal report or complaint indicated that the sexual harassment stopped after taking such action, indicating that reporting can be an effective way to stop sexual harassment. Rates were almost identical for women (27/59) and men (11/26).

One in five (20%) respondents who made a formal report or complaint said there were no consequences for them as a result of reporting or making a complaint about sexual harassment. Men (7/26) were more likely than women (7/59) to indicate that there had been no consequences for them of reporting or making a complaint.

Nearly one-third (29%) of respondents who made a formal report or complaint said they experienced negative consequences as a result of reporting or making a complaint about sexual harassment in the workplace. These consequences included being transferred to another location, changes in shifts, resignation, dismissal, demotion, being disciplined, victimisation, being ostracised or ignored by colleagues, being labelled a trouble-maker and other negative consequences. This is an increase from 2008 (22%) and 2003 (16%) and suggests that a greater number of people are experiencing negative consequences as a result of reporting sexual harassment.

Similar numbers of women (18/59) and men (7/26) said they had experienced one or more negative consequences. A small group of women (2) were demoted or dismissed. No men reported such consequences.

Figure 25: Consequences for the target following the complaint (by sex) Base: Respondents who experienced sexual harassment in the workplace and who made a formal report or complaint (n=85); men (n=26); women (n=59)

Seventy-two per cent (72%) of respondents who made a formal report or complaint indicated that there were consequences for the harasser or that the harasser apologised. This compares to 72% of respondents in 2008 and 59% of respondents in 2003.

The most common consequences for the harasser were that they were spoken to about their behaviour (40%), formally warned (33%) and / or disciplined (29%).

Figure 26: Consequences for the harasser following the complaint (by sex) Base: Respondents who experienced sexual harassment in the workplace and who made a formal report or complaint (n=85); men (n=26); women (n=59)

Just over half (52%) of respondents who made a formal report or complaint related to sexual harassment indicated that there were no consequences for the company or workplace arising from the report or complaint. Just over a quarter (27%) of respondents said their employer implemented some training or education on sexual harassment. Employers made changes to employment practices or procedures or developed or amended policies on sexual harassment only in a handful of cases (9%).

Figure 27: Workplace consequences following the complaint (by sex) Base: Respondents who experienced sexual harassment in the workplace and who made a formal report or complaint (n=85); men (n=26); women (n=59)

(f) Satisfaction with reporting and complaint processes

Seventy-four per cent (74%) of respondents who made a formal report or complaint about sexual harassment in the workplace in the past five years, which was finlalised, indicated that they were satisfied or extremely satisfied with the complaint process. Women (38/51) were more likely to be satisfied with the complaint process than men (16/25).

Overall, satisfaction with the process has increased from 3.1 in 2008 to 3.8 in 2012.

Figure 28: Satisfaction with overall complaint process (by sex) Base: Respondents who experienced sexual harassment in the workplace, who made a formal report or complaint and whose complaint was finalised (n=76); men (n=25); women (n=51)

6.2 Support and advice

As in the case of formal reports and complaints, only a small proportion of persons who have been sexually harassed in the workplace seek support or advice. When support or advice is sought, it is from a diverse range of actors within the workplace.

(a) Number

Respondents who said they had been sexually harassed in the workplace in the last five years (n=420) were asked whether or not they sought any support or advice following the harassment. Less than one-third (29%) of respondents indicated that they had sought support or advice. This was almost the same as in 2008 (30%).

Women (35%) were more likely than men (20%) to seek support or advice.

Figure 29: Support or advice (by sex) Base: Respondents who experienced sexual harassment in the workplace in the last 5 years (n=420); men (n=159); women (n=261)

(b) Sources

Targets of sexual harassment were more likely to seek support or advice from their employer or one of its representatives than from external actors. Managers and supervisors (42%), co-workers (18%) and employers / the boss (16%) were the most common sources of support and advice following sexual harassment in the workplace.

Managers and supervisors (39%), friends or family (24%) and co-workers (21%) were the most common sources of support and advice consulted in 2008.

Figure 30: Sources of support and advice Base: Respondents who sought support and advice (n=126); men (n=32); women (n=94)

6.3 Reasons for not reporting or seeking support or advice

Respondents who did not make a formal report or complaint or seek support or advice following sexual harassment (n=333) were asked to explain why they did not take such action. The 2012 National Survey was the first to ask why respondents did not seek support or advice, with previous surveys focusing only on why respondents did not submit a formal report or complaint.

The most common reasons for not making a formal report or complaint or seeking support or advice were that the target:

• dealt with the situation themselves, either by telling the harasser that the harassment was inappropriate or to stop the harassment (women: 14%; men 16%)
• perceived that the harassment was not serious enough (women: 13%; men: 18%).

Women (10%) were more likely than men (5%) to feel that the harasser was too senior, but an equal proportion of women and men believed it was easier to keep quiet than to make a formal report or complaint or seek support or advice (9%).

Men were more likely than women to say that the harassment didn’t bother them (men: 9%; women: 3%), they weren’t offended or only mildly offended (men: 6%; women: 2%) or the harasser did not mean to offend them (men: 5%; women: 3%).

More women (4%) than men (1%) felt that they might get fired if they made a formal report or complaint or sought support or advice about sexual harassment or could not trust the people to whom they would be required to submit a report or complaint of sexual harassment (women: 4%; men: 2%).

A number of women and men provided ‘other’ reasons for not making a formal report or complaint or seeking support or advice. Reasons provided by respondents included that it wasn’t ‘manly’ to make a complaint, they were old enough to deal with the harassment themselves and they didn’t want to satisfy the harasser with a reaction.

Figure 31: Most common reasons for women not formally reporting or seeking support or advice Base: Women who did not make a formal report or complaint or seek support or advice (n=201)

Figure 32: Most common reasons for men not formally reporting or seeking support or advice Base: Men who did not make a formal report or complaint or seek support or advice (n=132)

6.4 Bystander actions

A majority of individuals who have witnessed or subsequently learned about sexual harassment in their workplace (bystanders) have taken action to prevent or reduce the harm of the harassment. Although a wide range of actions were reported, the most common were to talk or listen to the target and offer him or her advice. There were no consequences, either positive or negative, for the overwhelming majority of bystanders who took action in response to sexual harassment.

(a) Number

Just over half (51%) of bystanders took action to prevent or reduce the harm of the harassment, underscoring the need for employers to support bystanders.

Women (56%) were more likely than men (46%) to take bystander actions after witnessing or hearing about sexual harassment in the workplace.

Figure 33: Bystanders who took action to address sexual harassment (by sex) Base: Respondents aware of others being sexually harassed in the workplace (n=363); men (175); women (188)

A direct comparison with previous waves of the survey is not possible for bystander actions. Reasons for this include the broader definition of bystander used in the 2012 National Survey (which includes bystanders who heard about sexual harassment).

However, it is interesting to note that 82% of bystanders who witnessed sexual harassment in their workplace firsthand (as opposed to hearing about it after the incident(s) occurred) took some sort of action in response to that harassment. This is slightly lower than the proportion of bystanders who took action after witnessing sexual harassment in their workplace in the 2008 National Survey (88%) and the 2003 National Survey (87%).

Research suggests that the likelihood of a bystander taking action to prevent or reduce the harm of sexual harassment and the type of action (ie low involvement, high involvement) taken may be influenced by a variety of factors, including the:

• proximity of the bystander to the harassment, including whether or not he or she witnessed it firsthand
• organisational environment (eg the extent to which advocacy for targets is supported)
• extent to which the bystander identifies with the target of the harassment
• bystander’s perception of the benefits and costs of taking action.³²

A bystander may be more likely to take action if they witnessed the sexual harassment firsthand, feel that their workplace supports such action, identify with the target and / or perceive that the benefits of taking such action outweigh the costs. Thus, the inclusion in the 2012 National Survey of bystanders who heard about sexual harassment in their workplace after the incident occurred (rather than witnessed it firsthand) could contribute to lower levels of bystander action, as their proximity to the harassment is not as immediate as those who witness sexual harassment.

(b) Type

The most common actions taken by sexual harassment bystanders were to talk to or listen to the target (87%) or offer the target advice (78%). This is consistent with the most common actions reported in 2003 (76% and 67%, respectively) and 2008 (72% and 69%, respectively).

The percentage of people who decided to confront the harasser themselves has fallen from 45% in 2003 to 38% in 2008 to 26% in 2012. This may be an indication that workers are more aware of alternative ways of dealing with workplace harassment (eg internal reporting mechanisms) or are more fearful of the negative repercussions of confronting the harasser themselves.

Figure 34: Type of bystander actions (by survey wave) Base: 2012: Respondents who took action after becoming aware of others harassed in their current workplace (n=187)

Women were more likely than men to talk to or listen to the target (95% women,
77% men) or offer the target advice (82% women, 73% men). In contrast, men were more likely than women to report the harassment to their employer (45% men,
33% women) or to confront the harasser (33% men, 19% women).

Examples of ‘other’ actions included reporting the harassment through or participating in an internal workplace mechanism, participating in education and training, and reporting the incident through an external mechanism (eg police, professional organisations).

Figure 35: Type of bystander actions (by sex) Base: Respondents who took action after becoming aware of others harassed in their current workplace (n=187); men (82); women (105)

(c) Outcomes

For the first time, sexual harassment bystanders were asked whether there were any consequences for them of taking action to prevent or reduce the harm of the harassment. There were no consequences, either positive or negative, for the overwhelming majority of respondents (81%) who took bystander action.

A small proportion of bystanders received positive feedback for making a complaint about the harassment (6%) or said that the harassment stopped (4%).

A small proportion of bystanders indicated that taking action had negative consequences for them. This included being ostracised, victimised or ignored by colleagues (4%), with men (7%) more likely than women (2%) to report those outcomes. It also included resignation or being labelled a trouble-maker, disciplined or transferred (3%) and dismissal (1%).

Eight per cent (8%) of respondents reported ‘other’ consequences after taking bystander action. Examples included receiving threatening telephone calls and being asked by human resources to inform colleagues of the situation.

Figure 36: Most common consequences of bystander actions (by sex) Base: Respondents who took action after becoming aware of others harassed in their current workplace (n=187); men (82); women (105)

6.5 Access to information about sexual harassment

The Internet is the most common preferred source of information about sexual harassment across all age groups (56%). Other preferred sources of information include human resource managers (12%), print media (12%), TV or radio (9%), friends or family (8%), employers or boss (5%) and the Commission or its state and territory equivalents (5%).

Friends and family (29%) and school teachers or university lecturers (32%) were identified as preferred sources of information about sexual harassment amongst persons between 15 to 17 years of age. Only 1% of this age group identified human resource managers as their preferred sources.

6.6 Conclusion

The low rates of reporting suggest a need to improve awareness within workplaces about the existence and potential benefits of using internal report and complaint mechanisms to address sexual harassment. At the same time, there is a need to ensure that appropriate mechanisms are put in place to protect against the negative consequences that may be experienced by targets and bystanders when they make a formal report or complaint about sexual harassment.

Outside formal reporting and complaints processes, there is a need to ensure that a diverse range of workplace actors are trained to provide effective support and advice to individuals who may have experienced, or are experiencing, sexual harassment.

This includes creating an enabling environment to encourage and empower bystanders to take immediate and effective action to prevent and reduce the harm of sexual harassment. This will require the development and implementation of a range of prevention strategies, beginning with primary prevention strategies (eg sexual harassment training, including on the different forms of bystander involvement). These strategies should be supplemented with secondary prevention strategies
(eg implementing effective reporting and complaint processes, including addressing the risks of victimisation to bystanders) and tertiary prevention strategies
(eg supporting bystanders who take action).³³ Central to each of these strategies is ensuring that bystanders feel that their workplace supports action to prevent and reduce the harm of sexual harassment.

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