Since the early 1970s, women’s organisations have pushed for legal and social recognition of sex discrimination. While prohibiting sexual harassment is unremarkable today, the political landscape surrounding the introduction of the Sex Discrimination Act was, according to the Hon Susan Ryan AO—the then Minister Assisting the Prime Minister on the Status of Women—’explosive’.15 When Australia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1983, there was sustained and vociferous opposition from powerful sectors in the community.16 By the time the Sex Discrimination Act was introduced, Parliament was inundated with petitions and protests opposing the reform, arguing that it ‘would bring about the end of the family, ruin the economy, undermine the male labour force, and destroy Christianity and the Australian way of life’.17 Despite this opposition, the Sex Discrimination Act became law in 1984. Yet it would take time for it to gain broader social, political and institutional support. One of the earliest cases of sexual harassment brought under the Sex Discrimination Act demonstrated this tension.18 The 1988 Human Rights and Equal Opportunity Commission decision in Hall, Oliver & Reid v Sheiban,19 recognised that ‘rampant discrimination in employment has been practised against women for generations’ and that ‘unsought and unwelcomed sexual suggestions or impositions … invade the dignity of the women involved and discriminate against them’.20 However, the Commission ultimately found that while the women had experienced sexual harassment, no damages should be awarded because the conduct had not been repeated or faced resistance or disapproval and was likely to only cause ‘temporary aggravation’.21 The public outcry was swift in response to this decision, and an appeal to the Federal Court was successful.22 Social, political and institutional progress has continued until today. Yet, as this Inquiry has shown, more work is needed to fully understand and address the far-reaching harms and impacts of workplace sexual harassment. The Sex Discrimination Act established the independent statutory office of the Sex Discrimination Commissioner23 and conferred additional powers and functions on the Commission.24 The advocacy by successive Sex Discrimination Commissioners and the enduring work of the Commission have shown that the Sex Discrimination Act has been a practical and proportionate measure to achieve legal and social recognition of sexual harassment and drive gender equality more broadly. The Sex Discrimination Act has been strengthened since 1984 through a number of amendments. For example, amendments in 2011 to prohibit sexual harassment through the use of technologies ensured the Sex Discrimination Act was modernised to account for the ubiquity of new and emerging technologies.25 The 2011 amendments also provided protection for the first time against sexual harassment by customers.26 Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces • 2020 • 71

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