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Sexual harassment: Serious businessSexual harassment: Serious business

Chapter 4: The nature of sexual harassment in Australian workplaces

Contents

4 The nature of sexual harassment in Australian workplaces
4.1 Introduction
4.2 Types of sexual harassment
4.3 Number of types of harassment experienced
4.4 Gender differences in types of harassment
4.5 Duration of sexual harassment
4.6 The duration of sexual harassment and the types of harassment
4.7 Severity of harassment
4.8 Observation of other sexual harassment incidents in the same workplace
4.9 Gender of harasser and target
4.10 Characteristics of the target of sexual harassment

(a) Age
(b) Ethnicity of target of sexual harassment
(c) Occupation of target
(d) Employment status of target
(e) Length of employment

4.11 Characteristics of the harasser

(a) Age of harasser
(b) Harasser’s relationship to target

4.12 Characteristics of the workplace

(a) Employer size
(b) Industry

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Key findings

  • The most common type of sexual harassment reported was unwelcome sexually suggestive comments or jokes that made the respondents feel offended (56%).
  • 31% of those who reported experiencing workplace sexual harassment in the last five years experienced some kind of physical harassment including unwelcome touching, hugging, cornering or kissing, inappropriate physical contact, or actual or attempted rape or assault.
  • Technology is a tool for sexual harassment. Around one in five of those who experienced workplace sexual harassment in the last five years were subject to sexually explicit emails or SMS messages.
  • The majority of sexual harassment involved a male harasser and female target (62%), a similar finding to 72% in 2003.
  • There was an even spread of employer size among those who had experienced workplace sexual harassment in the last five years – 39% worked for large employers, 30% medium employers and 31% small employers.[30] This is a similar finding to 2003.


4.1 Introduction

I’ve been living [in these work quarters] for three years and I’ve had knocks on my door at night with guys saying, “Guess you’re feeling a bit lonely, love?” It shouldn’t happen. I’ve been sitting with a group of males and one will ask, “Don’t you think it’s my turn [for sex] tonight?”[31]

Understanding and monitoring the nature of sexual harassment is vital to developing appropriate responses and prevention strategies. Examining the nature of sexual harassment includes looking at how the sexual harassment manifests in the workplace. This includes the types and duration of harassment; who experiences sexual harassment; who the harassers are and the feature of workplaces where it happens.

In the 2003 and 2008 national telephone surveys, the respondents who reported experiencing sexual harassment in the workplace in the last five years[32] were asked a number of additional questions to track trends and patterns in the nature of sexual harassment.

This section provides an analysis of the nature of sexual harassment in the workplace including the characteristics of the sexual harassment, characteristics of the target of sexual harassment, characteristics of the harasser and characteristics of the workplace where the sexual harassment happened. The section also reports on significant trends between the 2003 and 2008 national telephone surveys relating to the nature of sexual harassment.

A note about this section

The survey results on the nature of sexual harassment are drawn from extended interviews with respondents who experienced sexual harassment in the workplace in the last five years.

The 2008 data in this section includes respondents who reported experiencing sexual harassment in the workplace in the last five years based on the definition of sexual harassment and those who reported experiencing one or more behaviours in the workplace in the last five years that may amount to sexual harassment under the Sex Discrimination Act 1984 (Cth). The 2003 data includes respondents who reported sexual harassment in the workplace in the last five years based on the definition only.

The comparisons between the 2003 and 2008 should be interpreted with caution due to changes in methodology.

4.2 Types of sexual harassment[33]

Respondents were asked whether they had experienced the following types of behaviours:

Overall, the majority of sexual harassment experienced in the last five years involved non-physical sexual harassment (69%), which represents a statistically significant increase from 38% in 2003.

In 2003, the majority (62%) of those who experienced sexual harassment in the last five years experienced some type of physical harassment. There has been a statistically significant decrease in this figure to 31% in the 2008 national telephone survey.

However, it should be noted that these changes may be attributed to the change in the survey methodology for the second wave of interviews. For instance, those who said they did not experience workplace sexual harassment in the last five years[34], were likely to go on and report they had experienced non-physical sexual harassment behaviours. Those who said they did experience sexual harassment in the workplace in the last five years, were more likely to report experiencing physical sexual harassment behaviours.

These results suggest that a significant portion of respondents do not perceive or understand that non-physical sexual harassment behaviours such as sexually suggestive comments or intrusive questions may constitute sexual harassment. The results also suggest that those who experience physical behaviours such as unwelcome hugging, cornering or kissing are more likely to identify such behaviours as sexual harassment.

With respect to specific behaviours, in the 2008 national telephone survey, the most common type of behaviour was sexually suggestive comments or jokes that made respondents feel offended (56%).

Around one in three targets reported being subjected to physical types of sexual harassment including inappropriate physical contact, unwelcome touching, hugging, cornering or kissing or actual or attempted rape or assault.

Over one in five respondents who experienced workplace sexual harassment in the last five years were subject to sexually explicit emails and SMS messages. This indicates that the increased use of technology in the workplace may be adding a new dimension to the nature of sexual harassment in the workplace. As such, employers need to develop comprehensive guidelines to set out appropriate and inappropriate use of new technologies.

The prevalence of non-physical sexual harassment highlights the need for employers to clearly communicate to employees that conduct such as inappropriate emails, SMS messages, sexually suggestive comments or jokes and unwelcome intrusive questions may all amount to sexual harassment under the law. Effective prevention of workplace sexual harassment involves employers taking steps to create a workplace culture where no type of sexual harassment is tolerated.

4.3 Number of types of harassment experienced

On average, targets of sexual harassment experienced two types of behaviours that may amount to sexual harassment. However, those who experienced any type of physical sexual harassment were likely to experience more than four behaviours, and sometimes up to seven types of behaviours. This suggests that physical harassment is often part of a set of other types of sexual harassment behaviours. Physical sexual harassment may also be the culmination of an escalating set of behaviours beginning with non-physical sexual harassment.

4.4 Gender differences in types of harassment

There are some differences in the types of harassment experienced according to gender. Women are more likely to experience physical sexual harassment such as inappropriate physical contact, unwelcome touching, hugging, cornering or kissing, compared to men. Of those who experienced workplace sexual harassment in the last five years, 35% of women experienced some kind of physical harassment, compared to 25% of men.

Men were more likely to experience exclusively non-physical types of sexual harassment such as sexually explicit pictures, posters or gifts that made them feel offended or sexually explicit emails or SMS messages. Of those who experienced workplace sexual harassment in the last five years, 75% of men experienced non-physical sexual harassment exclusively, compared to 65% of women.

Table 1 Types of sexual harassment behaviours experienced
 Types of behaviours experienced (multiple responses allowed)
2003
Respondents who personally experienced sexual harassment in the workplace in the last five years based on definition
(Note: incidence of specific behaviours not asked in 2003)
n=200
2008
Respondents who personally experienced sexual harassment in the workplace in the last five years based on definition and who experienced one or more behaviours that may constitute sexual harassment
n = 298
Margin of error – italicise this row
+ 7%
+ 5.7%
Unwelcome touching, hugging, cornering or kissing
45%
23%
Inappropriate physical contact
19%
22%
Actual or attempted rape or assault
3%
4%
Inappropriate staring or leering that made you feel intimidated
67%
32%
Sexually suggestive comments or jokes that made you feel offended
85%
56%
Sexually explicit pictures, posters or gifts that made you feel offended
16%
18%
Repeated or inappropriate invitations to go out on dates
36%
16%
Intrusive questions about your private life or physical appearance that made you feel offended
60%
47%
Sexually explicit emails or SMS messages
17%
22%
Repeated or inappropriate advances on email, social networking websites or internet chat rooms by a work colleague
Not asked in 2003
6%
Requests or pressure for sex or other sexual acts
19%
10%

4.5 Duration of sexual harassment

There was a significant increase in the number of respondents who described their sexual harassment as a one-off incident between the 2003 and 2008 surveys. In 2008, 39% of respondents said that their sexual harassment was a one off incident, compared to 15% in 2003.

Overall, the 2008 national telephone survey found that sexual harassment was less likely to last for more than one month compared to 2003.

Two new categories to measure the duration of sexual harassment were added to this question in the 2008 survey: ongoing and sporadic. Ongoing sexual harassment refers to incidents that have had an indeterminate duration. Sporadic sexual harassment refers to incidents that have stopped and started over a period of time. Around one in five targets said their sexual harassment was ongoing or sporadic.

4.6 The duration of sexual harassment and the types of harassment

In the 2008 national telephone survey, there was a difference in the duration depending on whether the sexual harassment involved physical sexual harassment or non-physical sexual harassment only. Respondents who experienced physical sexual harassment were more likely to say the harassment went on for more than one month. For those who experienced non-physical sexual harassment only, it was more likely to be a one-off incident. This again suggests that physical sexual harassment is often the culmination of an escalating pattern of behaviours beginning with non-physical harassment. For employers, this indicates that effectively and quickly responding to non-physical harassment may often be effective in preventing an escalation to physical sexual harassment.

4.7 Severity of harassment

One of the legal tests of sexual harassment under the Sex Discrimination Act 1984 (Cth) is whether a reasonable person would anticipate that the person targeted would feel offended, humiliated or intimidated by the behaviour.[35]

The level of severity of the harassment was measured by asking respondents how intimidated and offended they felt on a five point scale, with five being extremely intimidated/offended and one being not at all intimidated/offended.

The average score for feeling intimidated was slightly less in 2008 (2.7) compared to 2003 (3.0). The average score for feeling offended was 3.2 in the 2008 survey, again slightly less compared to 3.5 in the 2003.

Similar to the 2003 survey, on average, respondents felt more offended than intimidated by the harassment. In 2008, 40% felt very or extremely offended by the harassment, compared to 29% of respondents who felt very or extremely intimidated.

In 2008, the more offended or intimidated a respondent felt increased the probability of reporting the harassment. Of those who formally reported the sexual harassment, over two thirds were very or extremely offended and half were very or extremely intimidated. Consistent with the 2003 national telephone survey, this suggests that those who experience a more severe impact from sexual harassment are more likely to make a formal report.

Looking at the severity and types of sexual harassment experienced, those who experienced some kind of physical harassment were likely to be more offended and intimidated by the experience than those who experienced non-physical harassment. In terms of gender breakdown, women are likely to feel more offended and intimidated by sexual harassment, compared to men.

4.8 Observation of other sexual harassment incidents in the same workplace

The results of the 2008 survey indicate that there may be pockets of sexual harassment across workplaces. Nearly half of those who had been sexually harassed in the last five years reported that it has happened to someone else in the same workplace (47%). This number represents a decrease from 58% since 2003.

Of those who reported that others in their workplace experienced sexual harassment, 39% said it was common, 32% said that it occurred sometimes, 21% said it was rare and 8% said it was very rare.

Employees of large and medium organisations were more likely to observe other incidents of sexual harassment in the same workplace, compared to employees of small business.[36]

There are two possible explanations for this result. Firstly, there may be one harasser who targets a number of individuals in the workplace. Secondly, the workplace may have a culture that tolerates sexual harassment or where sexual harassment is entrenched. It cannot be determined from the survey results whether the harassment was from the same harasser or whether there are a number of different harassers. This is an area that warrants further research.

4.9 Gender of harasser and target

The 2008 national telephone survey found that 81% of harassers are male. The majority of sexual harassment involved a male harasser and female target (62%), a small decrease since 2003 (72%).

The second most common type of sexual harassment involved a male harasser and male target (18%), a small but statistically significant increase from 7% in 2003. The sexual harassment complaints received by the Commission involving male harassers and male targets suggests that this type of harassment most commonly takes place in male-dominated work environments where the targets are perceived to be different in some way from the dominant group in the work place. These differences may be based on the target’s age or race or perceptions about their sexuality or masculinity.

Sexual harassment involving female harassers and male targets was reported by 15% of respondents, a slight decrease from 19% in 2003.

4.10 Characteristics of the target of sexual harassment

(a) Age

Both the 2003 and 2008 national telephone surveys did not ask respondents their age at the time they were sexually harassed. For this reason, it is difficult to ascertain the age of targets. Women who reported experiencing workplace sexual harassment in the last five years were most likely to be aged 25-44 and male respondents are most likely to be aged 35-44. Respondents may be between one to five years younger than their reported age at the time they experienced sexual harassment in the workplace.

Some studies on sexual harassment have found that young women are more likely to experience sexual harassment in the workplace.[37] The vulnerability of young women to sexual harassment in early employment was also raised as an issue during the Sex Discrimination Commissioner’s Listening Tour.

It should be noted that this national telephone survey did not interview people under the age of 18 because it would require consent from a parent or guardian. Given that a significant number of Australians enter the paid workforce under the age of 18 and the literature suggests that they may be particularly vulnerable to sexual harassment, this is an area that warrants further research.

(b) Ethnicity of target of sexual harassment

In the 2008 national telephone survey, English was reported as the main language spoken at home for the large majority (94%) of targets of sexual harassment. However, it should be noted that the national telephone survey methodology does advantage respondents with better English skills. As such, sexual harassment against people of culturally and linguistically diverse backgrounds is an area that this survey is unable to adequately address because the research methodology had reduced access to those who speak a language other than English as their main language.[38]

Given this limitation of the methodology, it cannot be concluded that those who speak English as their main language at home are more likely to experience sexual harassment in the workplace than those who do not. This is an area that warrants targeted research.

(c) Occupation of target

In the 2008 national telephone survey, targets of sexual harassment were most likely to be a professional worker (31%) or a clerical worker (19%). These were also the most common occupational types for targets of sexual harassment in the 2003 survey. However, there was a statistically significant rise in the number of professional workers and a slight decrease (not statistically significant) in the number of clerical workers between 2003 and 2008.

The number of respondents who were sales workers decreased from 15% to 5% between 2003 and 2008, which may be explained by the decrease in the number of respondents who said they worked in the retail industry at the time of harassment.[39]

It is difficult to draw conclusions from this occupational data as the prevalence of sexual harassment in certain occupations may also be due to:

The results should be interpreted with caution as the sample was not representative across occupation types.

Table 2: Occupation of the target at the time of sexual harassment [Note that due to changes in the ANZSCO classifications since the 2003 national telephone survey full comparisons with the occupations of all employed Australians are not possible]
Occupation of target
2003 national telephone survey - respondents who experienced sexual harassment in the workplace in the last five years
n=200
2008 national telephone survey- respondents who experienced sexual harassment in the workplace in the last five years[41]
n = 226
Australia New Zealand Standard Classification of Occupations
(ANZSCO)
Percentage of total employed Australians, by occupations according to ANZSCO classification[42]
Manager, Executive or Official
8%
13%
Managers
13%
Business owner
3%
1%

Professional
22%
31%
Professionals
20%
Technology professional
1%
1%

Skilled tradesperson
6%
7%
Technicians and trades workers
14%



Community and personal service workers
9%
Clerical or office worker
24%
19%
Clerical and administrative workers
15%
Service worker
9%
9%

Sales worker
15%
5%
Sales workers
10%
Manufacturer's representative
1%
1%

Semi-skilled worker
3%
7%
Machinery operators and drivers
7%
Unskilled/labourer
4%
4%
Labourers
10%

(d) Employment status of target

In the 2008 national telephone survey, the majority of those who experienced workplace sexual harassment in the last five years were working full-time (68%) at the time of harassment, which is a slightly less than the proportion of employed people working full-time in the general population (72%).[43]

Around 32% were working part-time, compared to 28% of the general population who are employed part-time.[44] Of those working part-time (32%), 44% were permanent and 46% were casual.

(e) Length of employment

While some studies[45] have found that those who experience sexual harassment tend to do so earlier in their employment tenure (within the first 12 months), the 2008 national telephone survey suggests that sexual harassment occurs across the range of employment tenures.

Approximately 35% of respondents had been employed less than 12 months when the sexual harassment occurred, 26% had been employed for between 1-3 years and 39% over three years. These findings are similar to 2003.

4.11 Characteristics of the harasser

(a) Age of harasser

Similar to 2003, around two-thirds of harassers were men over the age of 30 and 46% men over the age of 40. Given the small numbers of female harassers (20% of all harassers), it is difficult to draw conclusions about the age of female harassers. The majority of female harassers (13% of all harassers) were aged between 31 and 50.

(b) Harasser’s relationship to target

Similar to the finding in the 2003 survey, half the targets reported their harasser to be a co-worker. Around one in ten targets said they were harassed by a more senior co-worker, a rise from 2% in 2003.

Contrary to common assumptions that sexual harassment predominantly occurs between a manager/employer and employee, the 2008 survey shows a decrease in the number of managers or employers identified as harassers.

The relatively substantial proportion of sexual harassment from co-workers, either senior or at the same level may be indicative a certain workplace cultures where sexual harassment is permitted. Another possible explanation could be the assumption amongst employees that sexual harassment between co-workers is acceptable in contrast to sexual harassment between a manager and an employee.

Close to one in ten respondents reported that their harasser was a client or customer, which is similar to 2003. This finding supports the need for better legal protection for employees against sexual harassment from clients.

There were no significant differences in the harasser’s relationship to the target based on whether the target was male or female.

Harasser’s relationship to the target

Figure 1: Harasser's relationship to the target

4.12 Characteristics of the workplace

(a) Employer size

For those who experienced sexual harassment in the last five years, there was an even spread of employer size: 39% large employers, 30% medium employers and 31% small employers. This indicates that sexual harassment occurs across all employer sizes.

Compared to 2003, there was a slight increase in respondents who were employed in large and medium workplaces at the time of harassment and a slight decrease of small employers. In the 2003 national telephone survey, of those who experienced workplace sexual harassment in the last five years, 37% said they were employed by a large employer, 25% reported a medium employer and 38% a small employer.

These results should be interpreted with caution as the sample was not representative of employer sizes. That is, the sample was not selected to reflect the Australian population by their employer size.

(b) Industry

In the 2008 national telephone survey, the top three industries identified by respondents who experienced sexual harassment in the last five years were: health and community services (14%), education (12%) and accommodation, cafes and restaurants (10%).

Retail was the most common industry in the 2003 survey (16%) and decreased to 8% in the 2008 survey.

While these industries provide some insight into the industries in which sexual harassment is happening, particularly over the last five years, it is important that these results be viewed in the context of organisational factors that may influence the prevalence of sexual harassment.

For instance, some research suggests that it is the workplace cultures and the perceived and/or real tolerance of sexual harassment in an organisation that has the greatest impact on the behaviour of individual employees.[46] Other research suggests that the status of the specific role or occupation of the target of harassment and the power differentials between levels in the workplace as risk factors.[47] Recent research conducted in Victoria has shown that employment status, particularly precarious employment types such as casual and temporary employment, increases the likelihood of experiencing sexual harassment.[48]

This suggests that sexual harassment is not necessarily a characteristic of a specific industry but circumstances of employment and the particular workplace structure or culture.

These results should be interpreted with caution as the population sample was not representative by industry. That is, the sample was not selected to reflect the Australian population by the industry they work in.

Table 3: Industry of target at time of harassment
Australian and New Zealand Standard Industrial Classification (ANZIC)
2003 national telephone survey - respondents who experienced sexual harassment in the workplace in the last five years
n=200
2008 national telephone survey- respondents who experienced sexual harassment in the workplace in the last five years[49]
n = 226
Contribution to Total Employment[50]
Margin of error
+ 7%
+ 6.5%
Health and Community Services
12%
14%
11%
Education
10%
12%
8%
Accommodation, Cafes and Restaurants
8%
10%
5%
Retail Trade
16%
8%
15%
Property and Business Services
2%
8%
11%
Manufacturing
5%
7%
11%
Construction
5%
7%
8%
Government Administration and Defense
7%
7%
6%
Finance and Insurance
7%
5%
4%
Communication Services
6%
4%
2%
Cultural and Recreational Services
4%
4%
2%
Transport and Storage
3%
4%
5%
Agriculture, Forestry and Fishing
4%
2%
3%
Wholesale Trade
2%
2%
5%
Personal and other Services
6%
2%
4%
Mining
2%
1%
1%
Electricity, Gas and Water Supply
1%
1%
1%

References

[30] Please interpret with caution as the sample was not representative by employer size.
[31] Australian Human Rights Commission, Sex Discrimination Commissioner’s Listening Tour – women’s focus group 7 (2008).
[32] This includes respondents who reported experiencing sexual harassment in the workplace in the last five years based on the definition and those who reported experiencing one or more behaviours in the workplace in the last five years that may amount to sexual harassment under the Sex Discrimination Act 1984 (Cth).
[33] This includes respondents who reported experiencing sexual harassment in the workplace in the last five years based on the definition and those who reported experiencing one or more behaviours in the workplace in the last five years that may amount to sexual harassment under the Sex Discrimination Act 1984 (Cth). Sample size = 298, Margin of error + 5.7%.
[34] According to the definition provided based on the Sex Discrimination Act 1984 (Cth).
[35] Sex Discrimination Act 1984 (Cth) s 28A.
[36] These results should be interpreted with caution as the sample was not representative of employer size.
[37] Jobwatch, Sexual Harassment in Employment – Workers Still Exposed (2004); P McDonald and K Dear, 'Discrimination and harassment affecting working women: Evidence from Australia' (2008) 22(1/2) Women’s Studies Journal p.29.
[38] Australian Centre for the Study of Sexual Assault, What lies behind the hidden figure of sexual assault? Issues of prevalence and disclosure - Briefing No. 1 September 2003 (2003); D Wilson et al, ‘The second computer assisted telephone interview (CATI) forum: The state of play of CATI survey methods in Australia’ (2001) 25(3) Australian and New Zealand Journal of Public Health p.272.
[39] See 4.12 (b) Industry, Characteristics of the workplace.
[40]J Gruber, 'The impact of male work environments and organizational policies on women’s experiences of sexual harassment' (1998) 12(3) Gender and Society p.301; B Gutek and B Morasch, 'Sex ratios, sex-role spillover and sexual harassment of women at work. , 38, 55-74.' (1982) 38 Journal of Social Issues p.55.
[41] Includes respondents who said they experienced sexual harassment based on the definition and those who reported experiencing a sexual harassment behaviour.
[42] Australian Bureau of Statistics, 2006 Census data (2007).
[43] Australian Bureau of Statistics, Australian Labour Market Statistics, October 2008, cat no. 6105.0 (2008).
[44] Australian Bureau of Statistics, Australian Labour Market Statistics, October 2008, cat no. 6105.0 (2008).
[45] Jobwatch, Sexual Harassment in Employment – Workers Still Exposed (2004); Human Rights and Equal Opportunity Commission, A Bad Business: Review of sexual harassment in employment complaints 2002 (2003).
[46] L Fitzgerald et al, ' Antecedents and consequences of sexual harassment in organizations: A test of an integrated model' (1997) 82 Journal of Applied Psychology p.578
[47] P McDonald and K Dear, 'Discrimination and harassment affecting working women: Evidence from Australia' (2008) 22(1/2) Women’s Studies Journal p.29; 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; R Jackson and M Newman, 'Sexual harassment in the federal workplace revisited: Influences on sexual harassment by gender' (2004) 64 Public Administration Review p.705.
[48]A LaMontagne et al, 'Unwanted sexual advances in Australian Workplaces: variations by employment arrangement. Presented at 5th , Melbourne, 10-12 September 2008.' (Paper presented at the World Conference of the Promotion of Mental Health and the Prevention of Mental and Behavioural Disorders, Melbourne, 10-12 September 2008) [49] Includes respondents who said they experienced sexual harassment according to the definition and those who reported experiencing one or more sexual harassment behaviours.

[50] Australian Bureau of Statistics, 2006 Census data (2007).