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Sexual harassment: Serious businessSexual 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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Key findings

  • The 2008 survey found that 22% of women and 5% of men aged 18-64 have experienced sexual harassment in the workplace in their lifetime, compared to 28% of women and 7% of men in 2003.
  • One in five (20%) people in Australia aged 18-64 report experiencing sexual harassment at some time in their life. Around two thirds (65%) of these individuals have experienced this sexual harassment in the workplace.
  • Over one in ten Australians aged 18-64 have witnessed sexual harassment in the workplace in the last five years.
  • Around one in five (22%) respondents who said they did not experience ‘sexual harassment’[10] in the workplace in the last five years then went on to report experiencing behaviours that may in fact amount to sexual harassment under the Sex Discrimination Act 1984 (Cth). For example:
    1. 5% reported behaviour(s) that included physical harassment such as unwelcome touching, hugging, cornering or kissing, inappropriate physical contact, or actual or attempted rape or assault.
    2. 10% reported being subject to unwelcome sexually suggestive comments or jokes that made them feel offended.
    1. 9% reported being subject to intrusive questions about their private life or physical appearance that made them feel offended.

 

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
Experienced any of these behaviours in the workplace in the last five years in a way that was unwelcome?
Incidence of sexual harassment behaviours amongst those who said they did not experience sexual harassment in the workplace in the last five years based on the definition (multiple responses allowed) - bold these
(n=947)[25]
Unwelcome touching, hugging, cornering or kissing
3%
Inappropriate physical contact
3%
Actual or attempted rape or assault
1%
Inappropriate staring or leering that made you feel intimidated
5%
Sexually suggestive comments or jokes that made you feel offended
10%
Sexually explicit pictures, posters or gifts that made you feel offended
5%
Repeated or inappropriate invitations to go out on dates
2%
Intrusive questions about your private life or physical appearance that made you feel offended
9%
Sexually explicit emails or SMS messages
6%
Repeated or inappropriate advances on email, social networking websites or internet chat rooms by a work colleague
1%
Requests or pressure for sex or other sexual acts
1%
None
78%

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

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.