Keeping track of sexual misconduct
A national register of workplace sexual misconduct is set to be established by July.
The extent of sexual harassment at work is unknown, as the Ministry of Business, Innovation and Employment has never kept data on it.
But under the direction of Women’s Minister Julie Anne Genter, MBIE is set to begin keeping centralised records on allegations of workplace sexual misconduct.
Genter has asked MBIE to provide advice as to how that data could be used, for example to track patterns of sexual harassment complaints by employer.
‘‘Many women have had unsafe experiences in the workplace - this needs to stop, and there needs to be consequences for workplaces that don’t take action,’’ she said.
‘‘The more people know about the scale of the problem, the more we can do to address it.’’
The move comes against the backdrop of a global conversation about sexual harassment and abuse, triggered by revelations of misconduct by Hollywood magnate Harvey Weinstein. New Zealanders are among those worldwide who have shared their stories in the #metoo and #timesup movements.
Creation of the register is being welcomed by Equal Employment Opportunities Commissioner Dr Jackie Blue, who said she approached MBIE about collating national data on sexual harassment several years ago.
Currently, people who experience
"In New Zealand we still have that mentality and cultural ethos when it's difficult for one person to stand up." Employment lawyer Barbara Buckett
workplace sexual harassment can lodge a complaint with MBIE or the Human Rights Commission. Both of these avenues use mediation as a first option, with legal action taken in either the Employment Relations Authority or the Human Rights Review Tribunal if this fails.
In the past three and a half years the Human Rights Commission has received
215 complaints of sexual harassment —
84 per cent from women.
Dr Blue considers the true incidence is higher. ‘‘I’m sure it’s under-reported for a lot of reasons, and the current global campaign shows it is much bigger than we think. It is a human right to feel safe as you go about your business.
‘‘That’s why I’m very happy MBIE are looking at collecting data - and we should be looking at adding our data to theirs.’’
The sexual harassment data would be collated within the same system MBIE uses to collect and store data about employment complaints and mediations. Its use is covered by MBIE’s Code of Conduct, the Official Information Act and the Privacy Act.
Employment lawyer Barbara Buckett said any cultural shift - including recognition of the issue - must start from the top.
‘‘Our workplaces are so slow to respond to these things. In New Zealand we still have that mentality and cultural ethos when it’s difficult for one person to stand up, especially when they are in a culture that sponsors that behaviour.’’
There was often a power imbalance between complainant and perpetrator, resulting in the victims’ experiences being minimised. ‘‘The employer will say; ‘He is highly valued, he is a high performer, he is just a lad.’ There’s no support - you’re marginalised very quickly.’’
A difficulty of the Employment Relations Act was the necessity for the victim to prove the harassment, and that their employer knew about it, Buckett said. This put the onus of proof on the victim.
This was not the case under the Human Rights Act, used by the Commission, under which the employer has to prove that they actively tried to prevent the harassment.
One woman, who did not want to be identified, says taking a sexual harassment case against her former workplace under the Employment Relations Act was ‘‘frightening and stressful.’’ She was afraid no-one would believe her, and sought support from sexual violence agencies.
‘‘I really do hope that more women can come forward, but it’s not easy. Support is the biggest thing you need.’’
Employment lawyer Susan HornsbyGeluk said MBIE collecting records was a positive step, especially if it led to more support for victims.