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ANU Law heads up analysis of sexual harassment litigation
As part of the Attorney-General’s Department’s consultation process for reform, an eminent scholar with the Australian National University will complete a first-of-its-kind study into the history of damages and costs in sexual harassment litigation.
Naomi Neilson
Following the 2020 Respect@Work report and the federal government’s pledge to accept its recommendations, Australian National University (ANU) College of Law scholar Emerita Professor Margaret Thornton will analyse the impacts that damages have and whether they act as an appropriate deterrent to would-be harassers.
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ANU Law said this work would complement the department’s consultation process on possible legislative reforms, involving both interviews with legal practitioners on their experiences with sexual harassment cases and a “random poll” with the intention of understanding the attitudes of the public on a range of relevant issues.
Commenting on her study, Professor Thornton said barriers to justice for victims are there “even before the plaintiff has their day in court” and, for many, there is a perception that they will be punished further at the cost of reliving the trauma.
“I remember one woman (in the legal profession) telling me she had to leave the state because she couldn’t complain about her employer; she would have been black-balled and felt she had no option but to go elsewhere,” she said.
“For a long time, the damages were very low and that did say something about the fact that harm of sexual harassment wasn’t regarded as important.”
Professor Thornton will work alongside barrister Kate Eastman SC and ANU’s Global Institute for Women’s Leadership director Professor Michelle Ryan. The completed research report will be presented to the department in March 2022.
