Sisters in Law: How to deal with sexism in the workplace

He uses a “high-pitched voice” to talk back to her, doesn’t respond to emails and left her out of a team event but she doesn’t know how to prove he’s a bully.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise what to about how to deal with sexism and a boss that is a bully.

Question:

I’ve been working at the same company for 15 years and love my job. However, three months ago a new CEO was appointed and I feel uneasy around him. He’s my direct boss and I need to liaise with him regularly to get my tasks completed.

However, it feels like he undermines everything I say and do. When I ask him a question he will parrot what I said back to me in a high-pitched voice. When I email he either doesn’t reply or just replies with one-word answers that don’t answer my question.

Then recently he organised a team catch-up meeting and simply left me off the invite. Everyone else at my work is male and I feel like he’s being sexist towards me but I don’t know how to prove it. What can I do? – Hayley, Vic

When she asks him a question he will parrot what she said back to her in a high-pitched voice. Picture: iStock

Answer:

It sounds like there may be sex discrimination or bullying at play here, Hayley.

The Sex Discrimination Act is federal law which makes it illegal to discriminate against someone on the basis of a number of things, one of which is gender. Each state has a similar law and, in Victoria, it is the Equal Opportunity Act 2010.

The law states that treating someone less favourably because they are a woman is unlawful. You can consider lodging a complaint for sex discrimination with the Equal Opportunity and Human Rights Commission, which should usually be lodged within 12 months of when the incident took place.

There will usually be a conciliation conference where the parties discuss the complaint with an impartial person and attempt to resolve the dispute. Outcomes can include an apology or monetary compensation, but the Commission cannot require any party to agree to a certain outcome.

The law states that treating someone less favourably because they are a woman is unlawful. Picture: iStock

If a complaint is not resolved at conciliation you can take the complaint further to the Victorian Civil and Administrative Tribunal, who will hear the matter and make a decision. There are separate processes for claims under the Sex Discrimination Act.

In relation to bullying, it is defined as repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety. Behaviours that may be considered unreasonable include:

1. Unjustified criticism

2. Withholding information that is needed for work

3. Offensive language or comments

4. Deliberately excluding someone from workplace activities

Based on the examples you’ve provided, it sounds like what you are experiencing may be bullying, as defined under the law.

If the behaviour is not witnessed it can be difficult to prove the unreasonableness of the conduct, so it is important to keep any records or notes about what happened, and try to avoid being alone with your boss.

If the behaviour is not witnessed it can be difficult to prove the unreasonableness of the conduct. Picture: iStock

You can raise concerns about bullying with your employer. If this doesn’t result in a change in behaviour, or you are concerned about repercussions if you do so, you can:

1. See whether your employer has a bullying and reporting procedure, and if so, follow the recommendations in that which may state to speak with, for example, human resources, another supervisor, or your health and safety representative.

2. Lodge a grievance or complaint with your employer which may lead to an investigation, disciplinary action and the behaviour stopping.

3. Speak with your union or make a complaint to WorkSafe Victoria, which may investigate and impose various remedial measures, and on occasion prosecute the employer.

4. Seek legal advice and apply to the Fair Work Commission for an order to stop the bullying.

You can lodge a grievance or complaint with your employer which may lead to an investigation, disciplinary action and the behaviour stopping. Picture: iStock

It is also important to note that bullying can damage a person’s health, so you should seek medical advice if you need to.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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Originally published as Sisters in Law: How to deal with sexism in the workplace