Revised: July 2015 Recognising and preventing sexual and workplace harassment This document is issued for general guidance only. It does not constitute professional advice. The issues with which it deals are complex and the document necessarily deals only with general principles. No reader should rely on this document for the purpose of making a decision as to action but should seek the appropriate advice from the Union on the particular circumstances of that reader. The Union accepts no responsibility for the consequences should any person act in reliance on this document without obtaining the appropriate advice from the Union. Sexual harassment harassment. It should be made clear, however, that sexually-oriented behaviour in any form within the workplace is usually inappropriate. Definition Sexual harassment can be unwelcome sexual advance, request for sexual favours or conduct of a sexual nature. unwelcome. defined as any an unwelcome other unwelcome The key word is It is the person on the receiving end who decides whether behaviour is unwelcome. What constitutes sexual harassment to one person may be acceptable and inoffensive to another. Sexual harassment is defined as a form of discrimination because a person who is sexually harassed is usually the target of this behaviour because of his/her gender. Sexual harassment can take various forms and can be obvious or indirect, physical or verbal, and may involve a single incident or a series of incidents. Some examples of sexual harassment unwelcome physical contact – touching, brushing against someone, patting, pinching etc. sexual or suggestive comments – innuendo, smutty jokes, suggestive comments about someone's appearance or body, unwanted invitations etc. non-verbal action – leers, stares, displays of explicit sexual material etc. offensive communications – telephone calls, letters, faxes, emails and text messages. Some forms of sexual harassment, such as assault, physical molestation, stalking, sexual assault and indecent exposure, are also criminal offences. Workplace harassment Definition Workplace harassment is repeated behaviour by another or others in the workplace, other than behaviour amounting to sexual harassment, that: is unwelcome and unsolicited the person considers to be offensive, intimidating, humiliating or threatening a reasonable person would consider to be offensive, intimidating, humiliating or threatening. Workplace harassment can include vilification. Workplace harassment does not include reasonable action taken by management to address issues of employee performance. It does not include reasonable action taken by the chief executive in connection with a person’s employment. Some examples of workplace harassment yelling, screaming, abuse, offensive language, insults, inappropriate comments about a person’s appearance, life or lifestyle belittling opinions or constant criticism of a person’s work isolating staff from normal work interaction, training and development or career opportunities or social functions overwork, unnecessary pressure, impossible deadlines under-work, creating a feeling of uselessness It is important to note that sexually-oriented behaviour which is welcome is not sexual Authorised by Graham Moloney, General Secretary, Qld Teachers' Union, P O Box 1750, Milton BC Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050 Recognising and preventing sexual and workplace harassment – Revised: July 2015 undermining work performance, deliberately withholding work-related information or resources or supplying incorrect information unexplained job changes, meaningless tasks, tasks beyond a person’s skills tampering with a person’s personal effects or work equipment teasing or regularly making a person the centre of pranks or practical jokes Page 2 of 2 Refer to the DET policy on workplace harassment, sexual harassment and violence on the DET website. The policy outlines the responsibilities of both employees and supervisors. Request mediation with a third party present (Union or principal). Lodge a complaint against the other party using the Managing Employee Complaints process. displaying written or pictorial material which degrades or offends others. Make a complaint of sexual harassment directly to the Director-General of Education. The impacts and costs of discrimination and harassment Consider lodging a complaint of sexual harassment with the Anti-Discrimination Commission Queensland, once the complaints process has been exhausted. Seek medical advice, if you become unwell as a result of the stress. Organisation loss of morale, increased absenteeism Lodge a WorkCover claim, if you suffer from stress as a result of harassment at work. Discuss the situation with other members at the workplace to find a suitable resolution, if the harassment is affecting a large number of members. Discrimination and harassment can significantly impact on both the individual involved and the department. Some common impacts/costs of such behaviour are: Individual stress/anxiety/fear/ anger/resentment hatred of work/ostracism loss of productivity lack of work satisfaction cost of legal action/settlement increased sick leave/illness vicarious liability, high staff turnover poor work performance/low productivity lack of loyalty to organisation, mistrust, division reduced self esteem/loss of confidence higher premiums due to increased WorkCover claims reduced promotion opportunities loss of reputation, bad publicity dismissal/staff conflict discomfort/exclusion/ intimidation /distress. increased workplace health and safety issues. Options for dealing with workplace or sexual harassment Keep diary notes recording incidents of harassment. Seek advice from your supervisor, colleague or workplace Union Rep. Speak to the harassers and let them know that you find their behaviour unacceptable. Seek advice from the DET employee advisor or equity contact officer at regional office. Seek advice and representation, where necessary, from your QTU Organiser. The role of the bystander The "hidden" nature of sexual harassment makes it especially difficult to bring the problem to the surface. It may be beneficial to enlist the help of bystanders; that is individuals who witness or are informed of sexual harassment. Bystanders can be highly effective in raising awareness of sexual harassment. They can also intervene to prevent harm and contribute to improving workplace practices and cultures that reduce the occurrence of sexual harassment. Contact the QTU to further discuss options that might be available depending on your individual circumstances. Authorised by Graham Moloney, General Secretary, Qld Teachers' Union, P O Box 1750, Milton BC Qld 4064 Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050
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