The harsh reality of sex discrimination
By Ida Rohne
Sexual harassment, intimidation and gender-based discrimination are confronted by working women on a daily basis. More than 85% of complaints received by the Human Rights and Equal Opportunity Commission (HREOC) are lodged by women, indicating that sex discrimination is a persistent problem in Australia.
The Sex Discrimination Act 1984 states that it is against the law to discriminate against a person because of their sex, marital status, pregnancy or potential pregnancy. The act, which gives effect to Australia's obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, also covers sexual harassment, parental status, family responsibilities and victimisation.
Recent statistics compiled by HREOC show employment as the area where allegations of discrimination dominate. They also indicate a continual increase in complaints in this area. Over the last three years, 92% of complaints under the Sex Discrimination Act related to employment. Of these, 60% were about sexual harassment, 21% were about direct sex discrimination, and 15% related to pregnancy and family responsibilities.
While the proportion of complaints about discrimination on the grounds of pregnancy seems relatively low, it is clearly a significant problem when you consider the small proportion of workers at any given time who are pregnant. Recognising this, HREOC has established a pregnancy inquiry, which will report by the end of May.
Of the 145 complaints reviewed in a 1998 statistical snapshot, 109 came from the private sector (big and small business), while 36 were made to federal government bodies. This indicates that women working in the private sector could be more vulnerable to harassment and unfair treatment.
It could also indicate that workers in the public service are more aware of their rights and have better access to relevant information in the act. Women in low-paid jobs who lack power are easy targets for sex discrimination.
As part of International Women's Day last month, the sex discrimination commissioner at HREOC, Susan Halliday, compiled a number of sex discrimination case studies into an information kit titled "Harsh Realities". Its purpose is to educate the public about the appalling situations in which working women find themselves.
The kit is a collection of stories of dismissal due to pregnancy, sexual harassment and intimidation, victimisation due to family responsibilities, employers and colleagues making degrading comments about a woman's physical appearance and the female anatomy, and the display of pornographic material in the workers' common room. In all cases, the women have been financially compensated and/or reinstated, and some have received a written apology.
However, these cases represent only a small proportion of those in which women have had the courage to speak out against discrimination. As Halliday notes, "Despite good progress in recent years, these case studies highlight there is still a long way to go".
Pay inequity, another form of discrimination entrenched in work practices, workplace culture and attitudes, is not easily dealt with under the Sex Discrimination Act alone. The average weekly income of women who work full time is still only 80% of that of their male counterparts. If overtime and over-award payments, and casual and junior positions are taken into account, this figure drops to 66%.
Current sex discrimination law is designed to address individuals' complaints and look at single employers. It can target transparent forms of pay inequity only where a male worker within the same workplace provides a comparison. This limitation means that communication between industrial relation systems and anti-discrimination systems is necessary if the equality required by international law is to be achieved.