KEY POINTS:
An expert in sexual harassment policies is advising companies to have at least one sober person at Christmas parties to keep an eye out for drunken sexual behaviour.
Christmas parties is a time when there is a rise in sexual harassment complaints, says Jan Eggleton, a training consultant in harassment prevention. She has a warning about secret Santa gifts too.
"Secret Santa gifts, where the recipient of the gift doesn't know who has bought it, allows colleagues the chance to give inappropriate presents of a sexual nature," she says. "If a woman receiving, say, a negligee or adult toys, doesn't see the harm then that's fine - but they may take offence."
She says if companies want to manage its risk this Christmas they must put out a warning to staff to keep their presents "respectful".
Eggleton has been in business as a consultant for 12 years and before that worked for the Human Rights Commission as a sexual harassment training consultant. She says 92 per cent of the sexual harassment cases the commission receives are about men harassing women.
"These men are normally aged mid-to-late forties and the average complainant is a 21-23-year-old woman."
She says it is hard to pigeon hole these men.
"They are lawyers, mechanics, work in factories ... but they all have power or authority over their victims. Sexual harassment is sexual bullying."
Eggleton's job is to work with companies and help them write policies to avoid cases of sexual harassment.
The Human Rights Commission defines sexual harassment as "any verbal or physical conduct of a sexual nature, which a person may find offensive and which is uninvited and unwelcome. This also includes offensive visual material".
Sexual harassment can include a promise of preferential treatment at work or a threat relating to future employment status.
The commission says sexual harassment is behaviour that is either repeated or of such a significant nature that it has a detrimental effect on a person's employment (including voluntary work), job performance or job satisfaction. It may be directed against members of the same or opposite gender.
In 2000 the commission released a survey that showed that one per cent of complaints were made by women against women. Eggleton says one case involved a woman manager flicking the breasts of female colleagues with her fingers as a way of "telling staff off".
A further one per cent is when women sexually harass men.
"When men complain in these situations it can be trivialised by their employer as 'teasing' - that is sexist and unfair. It gets in the way of men being able to complain about it."
Six per cent of complaints were men complaining about men. Here, says Eggleton, she has found that workers such as apprentices and other young people can be picked on by male colleagues with inappropriate sexual comments.
The Human Rights Commission says sexual harassment may consist of one or a combination of any of the following:
* Physical contact, ie patting, pinching, touching, hugging, or kissing. Unnecessary familiarity such as putting an arm around another person.
* Offensive gestures, verbal comments or jokes.
* Displaying offensive pictures, posters, graffiti or objects or showing pornographic material.
* Teasing or comments about a person's alleged sexual activities or private life.
* Unwelcome social attentions or telephone calls at work or at home.
* Offering benefits in return for sexual favours.
People wanting to make a formal complaint of sexual harassment can take it to the Human Rights Commission or the Department of Labour's (DoL) mediation service. Between July last year and June, 55 people applied to the DoL to have their case looked at. In 2005 the Human Rights Commission received 91 complaints of sexual harassment.
Eggleton says even a wolf whistle can be deemed as sexual harassment.
"Whenever there is a hint of sexual harassment then the company has to make it clear that that behaviour is not to be tolerated," says Eggleton.
She says companies are liable in cases of sexual harassment unless they have clear procedures in place.
"An employer has a defence against liability if they have an anti-harassment programme. That includes having a policy, a set of procedures and training for staff so that they understand what sexual harassment is and what to do about it.
Eggleton says a complainant will not always go to their manager for help.
"They would rather talk to a colleague, so having designated contact people to handle complaints is best."
Ultimately, sexual harassment in the workplace is costing companies dearly in lost staff, lost knowledge and money - paid out by way of compensation to victims, recruitment and training.
In one case handled by the Human Rights Commission a 20-year-old woman complained that her manager grabbed her around the waist, attempted to kiss her and slapped her bottom.
She resigned from the job after six weeks and made a complaint to the commission. She received an apology and $1,000 compensation.
In another, more extreme case, a woman was awarded $10,000 by the commission after the chef she worked with talked about his sex life, her sex life, and telephoned her to talk about sex. She quit her job and mediation resulted in a written apology, assurance that he would not repeat that conduct, and sexual harassment training for staff.
These two cases aside, it seems that what is innocent banter to one person can be deeply offensive to another - so it's best to not discuss things such as sexual habits, genitalia or share what could be construed as offensive material with colleagues.
What to do
* Keep a record of the incidents that you find offensive.
* Talk it over with someone you trust and who will keep the information confidential. This may help clarify your best course of action.
* Confront the person who is harassing you and tell them that you don't like their behaviour. Tell them that you do not like what they are doing and that it is unlawful. Tell them you want them to stop - otherwise you will complain. You can do this in person, in a letter, or with a union or other representative.
* Don't confront the alleged harasser if you don't want to. Only do so if you feel confident and safe.
* If this doesn't work, or is inappropriate, you can seek advice and assistance from:
* A sexual harassment contact person at work, a manager or counsellor, the Human Rights Commission, your union representative or a lawyer, a professional disciplinary body, the Employment Relations Service, The police (especially if you have been sexually assaulted). In addition, you can also go to the police under the Crimes Act.
* You can then decide whether you want to make a complaint. If you do complain, the situation should be dealt with and the harassment stopped.
* Source: Human Rights Commission
Consequences
* Increased absenteeism due to anxiety, panic attacks, fear, depression, stress and ill-health.
* Unaddressed stress can often lead to errors at work, injury, fatigue, illness and disease.
* Reduced performance and productivity caused by isolation, breakdown in work relationships, distraction, and low morale.
* Increased staff turnover.
* Increased management time spent investigating and dealing with complaints.
* Unhealthy workplace culture and ongoing conflicts.
* Industrial action.
* Damaged reputation.
* Expensive litigation procedures and negative publicity.
* Source: EEO Trust
