General Information
 Sexual Harassment - Trainees and Employees
The RACP is committed to ensuring that all registered trainees of the College and its Faculties and its employees are treated fairly and in a training or work environment which is free from embarassment, discomfort, humiliation or intimidation arising from sexual harassment.

Sexual harassment in employment is against the law and any kind of offensive behaviour detrimental to workplace harmony will not be tolerated in the College.

The Position Statement on Sexual Harassment developed by the Women and Medicine Committee of the Australian Medical Association discusses the general principles of sexual harassment and the protection by law against sexual harassment in education environments and these principles are endorsed by the College.

Definition
Sexual harassment refers to any behaviour towards another that is sexual, gender or sex-based and is unwanted, unacceptable and/or offensive.

Sexual harassment is not only extreme behaviour such as assault, abuse, and sexual gestures, language and suggestions. It includes behaviour where the context dictates what is acceptable. This can refer to the display of sexually explicit material and the telling of sexual jokes and employees who may only visit an area briefly may experience some of these activities as sexually harassing. Further, behaviour which in other contexts is quite acceptable can be experienced as sexual harassment in the workplace.

Whilst the expression of affection between work colleagues such as kissing on the cheek or placing an arm on a shoulder may well be intended as friendliness or a gesture of thanks, legislation places the onus on the person intending to act in this way to be certain that their behaviour is acceptable to potential recipients - not on the latter to understand and accept the motivation of the former. Once declined, persistent, unwanted behaviour of this kind or requests for out-of-work contact such as 'dates' are most certainly unlawful.

None of the behaviours above, or indeed threats of complaints about the same, need to have overt references to security of employment or promotion for it to be unlawful.

These laws do not seek to remove congeniality, friendship or warmth from the workplace. They do, however, seek to foster an environment of harmony, respect and optimal productivity.

Examples of Sexual Harassment
More extreme forms of sexual harassment include:
  • sexually offensive telephone calls;
  • requests for, or expectations of, sexual activity under threat, or in exchange for favours or promises of preferential treatment;
  • public displays of nudity;
  • deliberate and unnecessary physical contact, such as patting, pinching, fondling, or deliberate brushing against another's body, attempts at kissing;
  • sexual violence, such as sexual assault and forced attempts at sexual intercourse.
Sexual harassment may also include:
  • the public display of pornography (especially where it is directed at particular individuals), ranging from material that might be considered mildly erotic through to material that is sexually explicit;
  • continued use of humour based on sexual innuendoes;
  • intrusive inquiries into a person's private life, or reference to his/her sexuality or physical appearance;
  • persistent requests for social contact which have been repeatedly rebuffed;
  • persistent staring or leering at a person or at parts of his/her body.
Responsibility
All trainees and employees have a right to work in an environment free of sex-based harassment. Trainees and employees have a responsibility to ensure that their behaviour is of an acceptable standard which will contribute to such an environment.

Anyone who experiences sex-based harassment in the workplace should seek confidential advice and assistance from either the appropriate officer in their organisation or from external agencies such as the Australian Anti-Discrimination Board or the New Zealand Human Rights Commission.

The College recognises a dual responsibility:
  1. to registered trainees of the College and its Faculties;
  2. to employees of the College.

The Council, Boards, Committees and the management of the College will ensure that any complaint of sexual harassment will be properly acted on and thoroughly investigated.

The possibility of the complainant being disadvantaged or victimised will not be tolerated and all complaints will be handled in accordance with the established procedures.

next page >>



 
  HOME  |  INTRODUCTION  |  BASIC TRAINING  |  EXAMINATIONS  |  ADVANCED TRAINING  |  CONTACTS  

Copyright 2003 © The Royal Australasian College of Physicians
This page was last edited: 5 November 2003