QHA_April_Mag

EMPLOYMENT RELATIONS with Joanna Minchinton
#METOO AND WHAT IT
MEANS IN THE WORKPLACE
THE #METOO MOVEMENT GAINED PROMINENCE IN OCTOBER 2017 AS A MOVEMENT TO HIGHLIGHT THE
PREVALENCE OF SEXUAL HARASSMENT AND ASSAULT OCCURRING IN THE ‘WORK SETTING’ ESPECIALLY IN
HOLLYWOOD. IT HAS CERTAINLY ATTRACTED A LOT OF ATTENTION, AND WHETHER OR NOT PEOPLE AGREE WITH
THE MOVEMENT ITSELF, THE ISSUES BEHIND IT, BEING SEXUAL HARASSMENT AND ASSAULT, ARE SERIOUS,
AND CANNOT BE IGNORED.
QHA REVIEW | 28
This article is not focussed on the #metoo movement
itself, rather, in this article I am discussing the
workplace response to sexual harassment complaints.
WHAT IS SEXUAL HARASSMENT?
Several pieces of legislation define sexual harassment,
and the relevant definitions for workplaces in
Queensland are enshrined in the Anti-Discrimination
Act 1991 (Qld) and the Sex Discrimination Act 1984
(Cth).
For the purposes of the article, we refer to the Anti-
Discrimination Act 1991(the ‘Act’), which, at section
119, defines it as:
‘“Sexual harassment” happens if a person—
(a) subjects another person to an unsolicited act of
physical intimacy; or
(b) makes an unsolicited demand or request (whether
directly or by implication) for sexual favours from the
other person; or
(c) makes a remark with sexual connotations relating to
the other person; or
(d) engages in any other unwelcome conduct of a
sexual nature in relation to the other person;
and the person engaging in the conduct described in
paragraphs (a), (b), (c) or (d) does so—
(e) with the intention of offending, humiliating or
intimidating the other person; or
(f) in circumstances where a reasonable person would
have anticipated the possibility that the other person
would be offended, humiliated or intimidated by the
conduct.’
Examples of sexual harassment are also provided in
the Act, and include (but are not limited to):
• Touching a person, including patting or pinching
or brushing against a person, in sexual way;
• Staring or leering;
• Propositioning a person for actions of a sexual
nature;
• Making suggestive comments about a person’s
appearance;
• Indecent exposure, including sending naked
pictures via sms or email;
• Unnecessary familiarity with a person;
• Intrusive questions about a person’s private life;
• Accessing sexually explicit websites at work;
• Inappropriate advances via social media; and
• Other conduct of a sexual nature that would be
considered to be a criminal offense.
Don’t like it? Tough. Unfortunately you can’t ignore
legislation and need to, as an employer, ensure that
sexual harassment does not happen in the workplace.
THE WORKPLACE RESPONSE
The #metoo movement has increased awareness
of acceptable and unacceptable conduct and while
sexual harassment can be directed towards both men
and women, women are more likely to be the victim of
sexual harassment.