Sexual harassment - active bystanders

Earlier this month, our Workplace Relations Team Advisor had the opportunity to attend the Queensland Law Society’s workshop on Sexual Harassment: Changing Workplace Culture. This workshop was put together for leaders in the workplace to gain better insight on what sexual harassment in the workplace can look like, best practice approach to sexual harassment at work and the appropriate steps bystanders and management teams should consider. Sexual harassment could be between co-workers, contracting doctors, students, patients or third party contractors entering the premises. To understand your obligations, further information can be found at Respect@Work.

This article will focus specifically on actions bystanders can take to make a positive difference. 

A brief overview of what sexual harassment in the workplace may look like:

• unwelcome physical contact such as touching, hugging, cornering, or kissing 
• inappropriate staring or leering 
• displaying the body in an indecent or inappropriate manner 
• making sexually suggestive comments or jokes 
• sharing sexually explicit pictures, posters, or gifs 
• repeated or inappropriate invitations for dates 
• intrusive questioning about a colleagues personal life or physical appearance 
• inappropriate physical contact 
• being followed, watched, or loitered around 
• requests or pressure for sex or sexual acts 
• actual or attempted rape or sexual assault 
• indecent phone calls or leaving explicit messages 
• sexually explicit comments in emails, SMS messages, or on social media 
• repeated or inappropriate advances on email, social networking sites, or chat rooms 
• sharing or threatening to share intimate images or videos without consent 
• any other unwelcome conduct of a sexual nature that occurs online or through technology

(Source: https://www.mindyourhead.org.au/)

To be considered sexual harassment, it must be reasonable to expect that the person being harassed would be offended, humiliated or intimidated by the behaviour. An important thing to remember is sexual harassment doesn’t have to be repeated or continuous. It can in fact be a one-off incident. 

Below, the above list has been broken down to give an indication of subtle micro-behaviour and more obvious target type behavior as bystanders are more likely to witness subtle signs of sexual harassment and not immediately recognise the scenario for what it is.  

Subtle micro-behaviour

• snickering 
• inappropriate banter
• staring or leering
• an unwanted invitation to go out on dates
• receiving sexually explicit photos or emails without permission

Target type behaviour

• inappropriate physical contact, such as unwelcome touching
• suggestive comments or jokes
• intrusive questioning about a person’s private life or their body
• unnecessary familiarity, such as deliberately brushing up against a person or placing an unwanted hand on someone’s shoulder or arm
• an insult or a taunt of a sexual nature 

Some key takeaways from the seminar on suggestions for actions bystanders can take are listed below. These actions will not eliminate the risk altogether, but can be necessary steps to diffuse or divert a situation from escalating. 

The following are referred to as the 5Ds. 

1. Direct intervention – This step is two-fold. It is firstly recognising the behaviour for what it is, naming it and not ignoring it. The second factor is talking directly to the individual or harasser as the situation is unfolding and telling them to stop their behaviour. This type of intervention can stop a situation from escalating and will also show the individual being harassed that they are supported.
2. Distract – Whether you are overhearing a conversation or walking past the individuals, this could be an opportunity to divert the conversation and talk about something unrelated.
3. Delegate – If a bystander is witnessing this behaviour or interaction and you are unsure on what you can do about it, you can direct what is happening to the practice principal, owner or your human resource department.
4. Delay – Check in with the individual experiencing the harassment after the incident. Showing support and not victimising the affected staff member can be crucial in providing them with the confidence to make a complaint. 
5. Document – Record details of the incident. This should include the 5Ws: who, what, when, where and why. This will be integral information should an investigation be necessary and to keep on file. 

The below graphic provided by the Australian Human Rights Commission outlines statistics on the impact making complaints can have in the workplace around this issue. 

Bystanders who take action can help improve these statistics and the culture within a practice. 

For further information, please contact the Workplace Relations Team for support or visit the Respect@Work website dedicated to assisting workplaces to create safe, inclusive and respectful workplaces.

	Workplace Relations Support  Workplace Relations Support can assist practice managers with the initial steps they can to take if a complaint is made to you by a staff member about serious incidents that occur within your practice. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.
	Workplace Relations Toolkit subscribers receive a suite of policy templates that include policies and procedures around bullying and harassment in the workplace.
	Workplace Relations Consultancy Workplace Relations Consultancy can provide comprehensive tailored advice to practices for specific incidents that have unfolded within your practice around bullying and sexual harassment.