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The Sex Discrimination Commissioner is an Australian federal government position established to oversee the operation of the Sex Discrimination Act 1984 . The position was created alongside the Act as one of the specialist commissioners of the Human Rights and Equal Opportunity Commission. The commissioner also has an educative role, frequently called upon to comment upon gender issues in the workforce.
The role was created with the Act in 1984, with the Hawke government appointing Pam O'Neil, a Labor MLA from the Northern Territory, as the first commissioner. She was replaced in 1988 by Quentin Bryce, who became Australia's first female Governor-General in 2008. The fate of the position appeared unclear in the late 1990s, as Susan Halliday, the then-Commissioner, repeatedly came into conflict with the Howard Liberal government, despite being a Liberal appointee. Halliday's angry resignation in 2001 led to speculation that the office may be disbanded; Pru Goward, a close personal friend of Howard, was instead appointed as her replacement. Goward resigned in late 2006 in order to run for the New South Wales Legislative Assembly, and was replaced in mid-2007 by lawyer Elizabeth Broderick, a former partner with Blake Dawson. [1]
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In January 2020, Sex Discrimination Commissioner Kate Jenkins handed to the Morrison government her Respect@Work Report, [2] described by the ABC as “a landmark national inquiry into sexual harassment in workplaces by the Australian Human Rights Commission”. On 8 April 2021, the Morrison government released its response to the report, which it has dubbed A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces , accepting (either wholly or in principle) or “noted” all 55 recommendations. Though the legislation is still to be prepared, it was indicated that the definition of “serious misconduct” in workplaces will include sexual harassment, which will also be a valid reason for dismissal. Judges and politicians will be subject to the same sexual harassment laws as the wider population. Under human rights laws, the time limit for complaints will be extended from six months to two years. [3]
On 5 March 2021, Jenkins said she will lead a review of Parliament House's workplace culture following the 2021 Australian Parliament House sexual misconduct allegations. [4] She is expected to hand down her interim report in July 2021.
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment can be physical and/or verbal. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, or religious institutions. Harassers or victims can be of any gender.
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
Human rights in Australia have largely been developed by the democratically-elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Prudence Jane Goward is an Australian former politician and was a Liberal member of the New South Wales Legislative Assembly from 2007 to 2019, representing the seat of Goulburn.
The Equality Act 2010, often called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
Women currently make up 19.2% of the ADF workforce. Women have served in Australian armed forces since 1899. Until World War II women were restricted to the Australian Army Nursing Service. This role expanded in 1941–42 when the Royal Australian Navy (RAN), Australian Army and Royal Australian Air Force established female branches in which women took on a range of support roles. While these organisations were disbanded at the end of the war, they were reestablished in 1950 as part of the military's permanent structure. Women were integrated into the services during the late 1970s and early 1980s, but were not allowed to apply for combat roles. In January 2013, serving women were allowed to apply for all positions in the Australian Defence Force (ADF) except special forces which became open to women in January 2014. In January 2016, civilian women became able to direct entry to all positions.
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When these behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult.
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC.
Gender inequality can be defined as the unequal treatment of individuals based on their gender. Individuals can be marginalised and discriminated from society and be restricted to participate in society due to their gender. Australian women, men, and transgender and non-binary people may all experience aspects of gender inequality. In 2017, Australia ranked as the 35th best country for gender equality.
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
Lesbian, gay, bisexual, and transgender (LGBT) people living in Nauru may face legal and social challenges not experienced by non-LGBT persons. Same-sex sexual activity has been legal since May 2016, but there are no legal recognition of same-sex unions, or protections against discrimination in the workplace or the provision of goods and services.
The Nova Scotia Human Rights Commission was established in Nova Scotia, Canada in 1967 to administer the Nova Scotia Human Rights Act. The Nova Scotia Human Rights Commission is the first commission in Canada to engage a restorative dispute resolution process.
Elizabeth Broderick is an Australian lawyer, who was the Australian Sex Discrimination Commissioner for over eight years from 2007 to 2015 and has been a United Nations special rapporteur for Discrimination against Women and Girls since 2017. She is a former partner and head of legal technology at Ashurst Australia, a global commercial law firm.
Kate Michelle Jenkins has been the Sex Discrimination Commissioner at the Australian Human Rights Commission since 2016. Previously, she was Commissioner at the Victorian Equal Opportunity and Human Rights Commission. Jenkins is also on the Board of Berry Street Victoria – the state's largest independent child and family welfare organisation – and a member of the boards of Heide Museum of Modern Art and Carlton Football Club.
Sexual harassment in the workplace in US labor law has been considered a form of discrimination on the basis of sex in the United States since the mid-1970s. There are two forms of sexual harassment recognized by United States law: quid pro quo sexual harassment and behavior that creates a hostile work environment. It has been noted that a number of the early sexual harassment cases were brought by African American women and girls.
Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level. Australia is a pluralist country with legislated principle of state neutrality and with no state religion. The nation has over 13.5 million people who identify as religious and 7.1 million who identify as irreligious.
The 2018 Google walkouts occurred on November 1, 2018 at approximately 11 am. The walkout had a large number of participants. The employees demanded five concrete changes from the company: an end to forced arbitration; a commitment to end pay inequality; a transparent sexual harassment report; an inclusive process for reporting sexual misconduct; and elevate the Chief of Diversity to answer directly to the CEO and create an Employee Representative. A majority of the known organizers have left the company since the walkout and many continue to voice their concerns. Google agreed to end forced arbitration and create a private report of sexual assault, but has not provided any further details about the other demands.
The 2021 March 4 Justice took place on 15 March 2021 across Australia. The protest included a series of events in major Australian cities including the nation's capital Canberra. Protests occurred in 40 cities in Australia; organisers estimated 110,000 people were in attendance, including the federal opposition leader as well as other politicians from the major political parties.
Nicola Caroline Vincent is an English-born Australian government officer. She is the inaugural Public Sector Gender Equality Commissioner for Victoria, Australia. Prior to this, Vincent was the Commissioner for Equal Opportunity in South Australia (SA) from May 2016 to September 2020.