Somewhere Over the Rainbow:
Eliminating Sexuality Discrimination
- Diversity on Campus
- Benefits of Respecting Diversity
- Preventing Discrimination on the Basis of Sexuality
- What Does Victorian Law Say About Discrimination on Grounds of Sexuality
- Sexuality Discrimination: It's Out There
- The Cost of Discrimination
- Speak Up!!
- Where to Get Advice and Support
- References
Diversity on Campus
Respect for diversity depends upon our ability to be open and sensitive to the differences of others and our own differences to them. Respect for diversity means an acceptance that there are many different ideas and lived experiences contributing to the University community.
Respect for difference in sexuality and can be reflected in a willingness to move beyond negative stereotypes or assumptions about gay, lesbian, bisexual, and/or heterosexual people.
Benefits of Respecting Diversity
The profile of the University community reflects the heterogeneity of Australia's population in terms of diversity of sexualities. The reality of diversity is reason enough to develop and maintain policies, procedures and programs to eliminate sexuality-based discrimination and encourage respect for diversity. This benefits everyone by creating the circumstances in which ALL staff and students can contribute freely to a vibrant and productive social and work environment.
A recognition of these benefits has led the University to develop a Cultural Diversity Policy that outlines a commitment to celebrating and encouraging difference, including differences in sexuality.
Preventing Discrimination on the Basis of Sexuality
The University of Melbourne is strongly committed to creating an educational environment and workplace which are free from discrimination based on sexual orientation or sexuality.
The Equal Opportunity Policy and the Discrimination Complaints Policy for Staff and Students confirms the University's commitment to eliminating discrimination against any student or staff member on all grounds covered by State and Federal legislation. This includes discrimination on grounds of sexuality or presumed sexuality and discrimination towards people in same sex relationships.
The University takes incidents of discrimination seriously. This is evident in the well-defined discrimination complaints procedures and the establishment of the Anti-Discrimination Advisers Network. Advisers can assist staff and students who believe they have been discriminated against.
What Does Victorian Law Say About Discrimination on Grounds of Sexuality?
The University's anti-discrimination policies follow the Victorian Equal Opportunity Act 1995, the Equal Opportunity (Gender Identity and Sexual Orientation) Act 2000 and the Statutes Law Amendment (Relationships) Act 2001.
Victorian legislation prohibits discrimination towards job applicants, employees and contract workers, and enrolled or prospective students, on the basis of their sexual orientation.
The legislation covers gay men, lesbians, bisexuals, transgendered people and heterosexuals. It is also unlawful to discriminate against people on the basis of presumed sexual orientation.
In accordance with legislation, the University also aims to eliminate all forms of discrimination in employment and access to services for staff and students in same sex relationships.
Sexuality Discrimination: It's Out There
Lesbians, gay men and bisexual people are more likely to experience discrimination on the grounds of their sexuality than people who are (or who are presumed to be) heterosexual.
Surveys conducted in 1994 and 1999 found that gay men, lesbians and bisexuals suffer from many forms of discrimination in their workplaces. The 1994 survey indicated that:
- 71% of 1000 gay, lesbian or bisexual respondents had been harassed at work about their sexuality;
- 40% had experienced a breach of confidentiality; and
- 26% had been either pressured out of a job or sacked.
Of those respondents who were open about their sexuality at work:
- 73% experienced verbal abuse;
- 44% experienced threats of violence; and
- 20% experienced physical abuse.
We cannot assume that either blatant or covert discrimination against people on the basis of their sexuality does NOT occur in the University environment.
Case Study 1: Student
During a tutorial on marketing strategies, Penny mentioned that some businesses specifically and successfully target gay and lesbian customers. Her comment was met with sniggers by some classmates and a suggestion from one student that 'Only manufacturers of condoms and turkey basters would bother.' The tutor laughed awkwardly. During further tutorials, snide comments were directed at Penny by other students. On one occasion someone asked her how much money she had wasted on her costume for Mardi Gras. During one tutorial the tutor turned to her and commented, 'I guess we should take the "Pink Dollar" into consideration, hey Penny?' Penny felt embarrassed and humiliated by these comments and the attitudes of people in the class and eventually she withdrew from the subject.
Penny has been discriminated against on the basis of her presumed sexuality.
Discriminatory harassment on the basis of a person's sexuality or presumed sexuality may include:
- jokes;
- verbal and physical abuse;
- destruction of property;
- threats;
- unwelcome questions about one's private life;
- ridicule; and
- social exclusion/isolation.
The Cost of Discrimination
Whether discrimination is overt or takes a more subtle form, it can have devastating effects on the targets of the discrimination, other people in the workplace and the productivity of the workplace as a whole.
The effects of discrimination upon a staff member or student resulting from the ignorance, prejudice and acts of omission by others, may include loss of confidence, increased stress, absenteeism, loss of productivity, depression and even suicide.
Case Study 2: Staff Member
Bob had been appointed as an Administrative Assistant. After a few months, one of his co-workers asked him whether he was gay. He stated that he was, but didn't really think it was anyone's business. Bob doesn't feel comfortable about telling people he's gay in case of negative reactions. Soon after, his co-workers would stop laughing in the tearoom whenever he entered. He began to lose confidence and worry about job security. When pornographic photos of naked men were left on his desk, he felt angry and upset but didn't tell anyone else about it. He didn't think his manager would do anything to help and felt that talking to someone else might make things worse.
Bob has been discriminated against on the basis of his sexuality and has also been sexually harassed.
In the 1999 survey, 59% of the 900 gay, lesbian and bisexual respondents experienced some form of discriminatory harassment or prejudicial treatment in their current and/or previous workplaces.
Prejudicial treatment or practices on the basis of a person's sexuality may include:
- loss of, or threat of loss of job;
- being overlooked for promotion;
- not being offered overtime, additional training or other development/advancement opportunities;
- undervaluing your work;
- unfair work expectations;
- limited or no salary increase; and
- discriminatory recruitment practices.
Case Study 3: Staff Member
Tara is a lesbian employed in a senior position in a specialist unit at the University. She has been 'out' to a few people at work whom she felt she could trust, but recently started receiving anonymous internal mail containing offensive sexual material and 'hate mail'. She approached her supervisor, with whom she had not been open to previously about her sexuality, to discuss the matter. He said she was foolish to have told anyone and that he couldn't do anything about it. She felt anxious about coming into work and guilty about drawing attention to her sexuality, despite the fact that many of the other women in the unit regularly mentioned their male partners. She found it increasingly difficult to concentrate on her work and was fearful about her impending performance appraisal.
Tara has been discriminated against on the basis of her sexuality and has also been sexually harassed.
Creating a workplace culture that is inclusive of difference allows each student and staff member to feel valued for their particular contribution. Such an environment creates trust and loyalty, rather than fear and disillusionment.
Not every person's personal attitudes and beliefs can be changed. In some instances, a person may hold religious beliefs that are discriminatory towards lesbian, gay and bisexual people. However, each student and staff member is bound by law and the University's policies to act in accordance with the principles of equal opportunity and non-discriminatory work practices. This means that, as students or staff, they are required to respect the rights of all people in the University community.
It is important for students and staff to know that discrimination on the basis of sexuality is unacceptable. There are policies and procedures in place at the University to deal with, and hopefully resolve, such matters.
Speak Up!!
If you think you have been discriminated against it may be sufficient to make it clear that the discriminatory act is offensive to you.
If you are a witness to sexuality discrimination you can approach the person or people whom you believe are acting in a discriminatory manner and tell them that it is offensive.
You can keep a record of the facts and incidents that, in your opinion, amount to acts of discrimination. Keep track of dates, times, witnesses and how you feel about what has happened or is happening to you or another person.
Where to Get Advice and Support
The University has a network of Anti-Discrimination Advisors who are there to advise you if you believe you have been discriminated against or harassed on the basis of your sexuality.
Remember we all have a right to equal treatment and opportunities whatever our sexuality.
References
- 'Not a Day Goes By': Report on the GLAD Survey into discrimination and violence against lesbians and gay men in Victoria, Gay Men and Lesbians Against Discrimination, Melbourne, 1994.
- 'The Pink Ceiling is Too Low':Workplace Experiences of Lesbians, Gay Men and Transgender People, Report of a Collaborative Research Project undertaken by the Australian Centre for Lesbian and Gay Research and the NSW Gay and Lesbian Rights Lobby, University of Sydney, 1999.