Recent reports of sexual harassment within the medical profession have sent shockwaves through not just the health and medical industries, but also the broader public in recent weeks.
This has created attention for two reasons: the fact that the problems appear to be widespread yet until recently sadly largely unspoken; and the fact that the medical profession – a profession regarded for ethics – are at the centre of the complaints.
However the focus on this issue and the fact that it’s the medical profession in the spotlight misses a broader point: that there is a wider and very genuine concern about the lack of awareness of sexual harassment and victimisation law in Australia.
Indeed, it seems no area is off limits when it comes to sexual harassment and victimisation in the workplace.
The allegations have also highlighted that we need an urgent and frank discussion on how victims of workplace sexual harassment can be better supported through using the law, whatever the profession. This is something we regularly see in so many of the cases we run for victims of sexual harassment – many are afraid to complain about sexual harassment, and many employers are not aware of the protections they must provide to victims under the law.
Last week Dr Gabrielle McMullin, a vascular surgeon and senior lecturer at the University of New South Wales, claimed that not only was sexual harassment rife in public hospitals, she also revealed that she tells female trainees that if they are approached for sex they should comply for the sake of their careers.
Let’s be clear: when a person is sexually harassed, they should never feel that they have to comply with a request for the sake of their career. The Royal Australian College of Surgeons and the AMA were right to reject that statement. However, what has been missed is that McMullin’s ‘advice’ reflects a lack of confidence in the way harassment complaints are handled and resolved, particularly through internal processes or policies.
Speaking to Leigh Sales on 7.30, Dr McMullin further elaborated: “What we need are better processes so that Caroline and all the other women that have been put in her situation are heard and are not punished for sticking up their hands.”
Sadly, these examples have exposed that while bodies such as the AMA and RACS say that they do have complaints policies, female surgeons have made clear that in many instances those processes are not working, with women who have tried to speak out victimised for this.
If such concerns are validated, then that should be of very grave concern given the strong protections against victimisation that are in place under state and federal discrimination law.
The discussion sparked by Dr McMullin’s comments clearly raise wider concerns about awareness of sexual harassment and victimisation law. In light of these most recent allegations, it is worth a reminder about what the law says on these issues.
Victimisation is unlawful in every state and it is an offence under the Sex Discrimination Act 1984 that can be punished by imprisonment. Further, an employer can be held vicariously liable for victimisation by an employee.
Victimisation occurs when a person is subjected or threatened with a detriment, because they make a complaint about sexual harassment or even more broadly, a complaint about something that would constitute sexual harassment.
These protections are also available to a person who has made a complaint of sexual harassment under an internal complaints handling policy.
While announcements that RACS has vowed to stamp out discrimination and sexual harassment within its ranks is very welcome, as is news that the Victorian Government is launching its own investigation into allegations of whistleblowers being punished; it is essential that these efforts also work to remind all professions about the protections available to harassment victims under the law, and the need to ensure these protections are properly acted on to support victims, as the laws were intended.
As the medical profession have had to quickly learn this week, it is not acceptable to have a culture that shuns complainants and protects harassers. Furthermore, if doctors – who are generally highly educated, sophisticated women – are either not aware of their rights to make a complaint, or are too afraid to make a complaint, then clearly the current systems are not working.
This also applies to the actions of the perpetrators, if – despite training programs, awareness campaigns, complaints policies and strengthening of sexual harassment laws – highly educated, sophisticated men such as doctors are still committing these unlawful acts, then there is a deep rooted and systematic problem that should be cause for greater concern.
There must be a wider cultural shift in the way we talk about and deal with sexual harassment in the workplace, starting with recognising the reality of the victim’s experiences.
And as these recent allegations have again shown us, it is crucial to speak about harassment as unlawful behaviour and to treat it as that, using the power and protections the law provides. We can no longer just dismiss it as a dispute between two colleagues or an unwanted by-product of a male dominated industry.