sexual harassment – puzzling.org

May 26, 2011August 22, 2016

Breastfeeding anti-discrimination changes passed at the Federal level

This article originally appeared on Hoyden About Town.

Via the Australian Breastfeeding Association on Twitter, this press release from the Federal Attorney-General:

Attorney-General Robert McClelland and Minister for the Status of Women Kate Ellis today welcomed the passage through Parliament of the Sex and Age Discrimination Legislation Amendment Bill 2010.

The new law will provide greater protections by… establishing breastfeeding as a separate ground of discrimination, and allowing measures to be taken to accommodate the needs of breastfeeding mothers…

Here’s the text of a Senate review of the Bill as regards breastfeeding:

Creating a separate ground of discrimination for breastfeeding

2.9 Item 17 of Schedule 1 of the Bill would insert a separate ground of discrimination in relation to breastfeeding into the Sex Discrimination Act, to implement Recommendation 12 of the Senate Report. The Senate Report recommended that a separate ground be created because:

…the intent of the Act is to protect women from discrimination based upon them breastfeeding. This is achieved by providing in subsection 5(1A) that breastfeeding is a characteristic that appertains generally to women. This seems a somewhat circuitous path. It would be desirable for the Act to provide for specific protection against discrimination on the ground of breastfeeding.[17]

2.10 The separate ground of discrimination, provided for in proposed new section 7AA, only applies to women who are breastfeeding. ‘Breastfeeding’ would be defined as ‘the act of expressing milk’; ‘an act of breastfeeding’; and ‘breastfeeding over a period of time’. The inclusion of a reference to ‘breastfeeding over a period of time’ would ensure that a respondent cannot claim that a discriminatory act was lawful because the complainant was not actually breastfeeding at the time the act occurred.

2.11 The protections against discrimination on the ground of breastfeeding would be extended to both direct discrimination and indirect discrimination, under proposed subsections 7AA(1) and (2) respectively. Under subsection 7AA(1), direct discrimination would occur if a person treats a woman less favourably than someone else, ‘in circumstances that are the same or not materially different’, by reason of:

…the woman’s breastfeeding; or

…a characteristic that appertains generally to women who are breastfeeding; or…that is generally imputed to women who are breastfeeding.

2.12 The EM also provides an example of both direct and indirect discrimination in relation to breastfeeding:

direct discrimination would occur where an employer refuses to hire any woman who is breastfeeding, or a restaurateur declined to serve a breastfeeding patron; and

indirect discrimination would occur where an employer imposes a requirement on employees that they ‘must not take any breaks for set periods during the day under any circumstances’, which would have the effect of disadvantaging women who ‘need to express milk’.

2.13 The Bill provides that discrimination on the grounds of breastfeeding is also prohibited in the following areas of public life (subject to certain exemptions in Division 4 of the Sex Discrimination Act):

education;

goods, services and facilities;

accommodation;

land;

clubs; and

the administration of Commonwealth laws and programs.

2.14 Item 60 of Schedule 1 would prevent a man from bringing a complaint of unlawful sexual discrimination on the basis that a person grants to a woman rights or privileges related to the fact that they are breastfeeding. This amendment recognises that breastfeeding may ‘give rise to special needs, such as for private areas for breastfeeding, or hygienic areas for storage of expressed milk’, which should not be subject to complaints of discrimination.

I am assuming that the wording that regards all people lactating and feeding a baby as women is a pretty pervasive problem in this area? Otherwise this seems like very good news on a number of fronts.

The bill also has provisions about discrimination on the basis of family responsibilities, and increased protection for students who are harassed, including provisions about the harassment of a student by others from a different institution (I’m recalling now the University of Sydney strengthening their internal provisions regarding their residential colleges), and harassment of students under the age of 16.

Image credit: the image of the woman nursing and reading is Breastfeeding on a park bench by space-man on Flickr, used under Creative Commons Attribution-Sharealike-Non Commercial.

September 28, 2010August 19, 2016

Sydney University colleges: after “Define Statutory”

This article originally appeared on Hoyden About Town.

Last year, it was revealed that the residents of St Paul’s College at the University of Sydney, who had formed a “Define Statutory” Facebook page that described itself as “pro-rape, anti-consent”. There was a lot of heat around it, and initially a lot of words and not a lot of action. Lauredhel and I wrote about it here last year (University colleges: nurturing a rape culture, More on St Paul’s College “Define Statutory” facebook page).

I’ve been meaning to find out what happened next for ages. Here’s what seems to have happened.

In February 2010, the University Vice-Chancellor Michael Spence announced that the sexual harassment and discrimination policy was being extended to all student residences. (The colleges’ residents are almost always enrolled students of the University, but the colleges are independent institutions.):

[Spence] said his handling of the website scandal… had been hampered by the old policy, which excluded the legally independent colleges, leaving them free to conduct their own investigations without guarantees of an independent inquiry.

”It is fair to say our old harassment policy gave us no teeth as far as the colleges were concerned,” Dr Spence said. ”However, under the new system we definitively would be able to discipline those concerned.”

The vice-chancellor’s office has called for the residential colleges to review their sexual harassment and assault policies as well as student initiations and unofficial activities.

In an email on Tuesday [February 23], Dr Spence told all students that they ”had the right to be treated with dignity and respect, irrespective of their background, beliefs or culture”.

Heath Gilmore and Ruth Pollard, Sydney University expands sex-assault policy, The Sydney Morning Herald, February 25 2010

The new policy (dated 11 February) is here.

Ruth Pollard, who wrote the Herald‘s original stories, wrote in February that she regarded St Paul’s response as continuing to be highly unsatisfactory, especially in light of the administrations of the other colleges being willing to criticise their own culture:

We received another email from Dr [Ivan] Head [warden of St Paul’s], describing St Paul’s as ”one of the most exciting and stimulating places to live, brilliantly in the heart of the university, fully engaged with every aspect of student life, punching above its weight, moderated by wise and astute scholars”.

Oh yes, and all forms of sexual assault are abhorrent.

Since then, Dr Head says there has been an investigation which included ”interviews with the [Facebook] site administrator who is a former college resident, and a small number of current college residents who had agreed to become members of the site”, but he refused to release the results of the inquiry.

Ruth Pollard, Time to wake up: St Paul’s must stamp out its misogynist culture, The Sydney Morning Herald, February 25 2010

I am not surprised to find though, that there are reports that St Paul’s residents have closed ranks around their college:

First, some history. In 1977, a group of St Paul’s College students at Sydney University held an awards ceremony in which a student who raped a woman was applauded for committing “the animal act of the year”. Then last year St Paul’s made headlines again after a Herald journalist, Ruth Pollard, exposed a “Pro Rape/Anti Consent” Facebook group run by students at the college…

While the scandal has made the students more media cautious, it does not seem to have affected their attitudes towards women. Earlier this year, a number of St Paul’s students planned a musical dance revue number titled Always look on the bright side of rape. The number was canned for fear that it might invite media coverage.

In the end, the villain of the revue was called “Ruth Pollard” and students hissed, booed and threw objects when the character appeared…

Nina Funnell, Contrition trumps sexism cover-ups, The National Times, September 22 2010.

I can’t honestly think anything other than that it will be a long long time before college culture changes a lot. There will be a lot of social pressure on and additional harassment of students who attempt to go through the university’s procedures as outlined in their policy, just as there has been of students who have gone through the legal system in the past. College songs, folklore and culture will continue to very explicitly promote sexual harassment and assault. I will be interested to hear if the efforts of the administrations of some of the other colleges are serious, sustained and effective over the next few years.

November 9, 2009August 19, 2016

University colleges: nurturing a rape culture

This article originally appeared on Hoyden About Town.

Warning: this post has graphic quotes from and links to mainstream media accounts of rape culture and imagery, and sexual violence.

One of the profoundly disturbing aspects of rape culture discussions—and this won’t surprise readers here—is the way that they reveal the confident assumption that there are rapists, who are evil and other and unresponsive to any form of social control, and then there are the rest of us, who can be exposed to any number of conflicting messages about rape—sexy rape, not-rape rape, that-type-of-girl rape, he’s-such-a-good-fellow rape—and emerge with our anti-rape moral compass intact.

There is no single place in my own experiences that taught me that this is wrong more thoroughly and dramatically than university residential college.

Continue reading “University colleges: nurturing a rape culture”