UNSW LAWSOC - RUN THE WORLD 2021 ISSUE 1

UNSW LAW SOCIETY

RUN THE WORLD 2021 ISSUE 1

EXPERIENCES OF WOMEN AND NON-CISGENDER MEN IN THE WORKPLACE

TABLE OF CONTENTS Editors-in-Chief Address..............................................................................................1 I Dissent.........................................................................................................................2 Don't Chip Your Nail Polish on the Glass Ceiling....................................................3 The Interview.................................................................................................................5 Her Psyche.....................................................................................................................9 Judge Interrupted: Inequality in the Courtroom.....................................................11 Overcoming the Glass Cliff: The New Barrier to Female Leadership..................................................................................................................13 The Essentiality to Reform Workplace Harassment Legislative Framework..................................................................................................................16 Suits, Smiles... Success!..............................................................................................18 Endnotes......................................................................................................................21

EDITOR'S NOTE Dear Readers, We are extremely excited to present the first issue of the Run the World Newsletter for 2021!

This newsletter is dedicated to exploring and sharing the experiences of and issues concerning women and non-cisgender males. In this first issue, our incredible editorial team have shared their perspectives on the experiences of women and non-cisgender males in the workplace.

Many of us are now returning to the workplace and professional environment, and hoping to resume some semblance of a pre-COVID-19 routine. Hence, it is extremely important to look at how we can tackle issues of discrimination, workplace harassment, a lack of opportunity, lack of flexibility and mental health within the workplace, which are all issues that unfortunately and disproportionately target women and non-cis men.

Throughout the various graphics, poems, short stories, articles, interviews and opinion pieces, you will notice that these issues are not unresolvable but that we require more passion, resources and the empowerment of women/non-cis men in the workplace to truly mitigate the impact of these concerns on a long-term basis. Our editorial team have used different mediums and tones to make these diverse opinions as engaging as possible through the use of both satire and realism. Through these mediums, we aim to raise awareness of the impacts of these issues in both broad and narrow terms- not only in terms of workplace culture but also on how these issues affect the individual’s psyche when faced with such challenges. We truly hope that you find these pieces to be interesting, educational, and most importantly, inspiring.

As many of you will likely be students, we want you to not only know what lies ahead in terms of your career and workplace environment, but we want you to be equipped with the skills and mindset to tackle these issues, succeed and inspire others to do the same. We acknowledge that these issues are sensitive and often difficult to digest, but that does not mean that we should censor or suppress the voices of individuals who have experienced such negative experiences. Rather, we need to acknowledge where we, as society, need to improve. We need to celebrate diversity and promote opportunities for diverse leadership and progress for all individuals irrespective of their background, personal preferences and biology. And the best way to even begin this journey is to be conscious of these issues and experiences.

So, dear readers, we’ll stop our tirade and let you get onto digging into the fantastic issue ahead! Be aghast, frustrated, inspired or in any other state this issue brings out of you, and use those emotions to be and fuel the change that you wish to see in the workplace for women and con-cis men!

Thank you!

Lavanya Kumar and Noor Chirenian (Editors-in-chief)

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Don't Chip Your Nail Polish on the Glass Ceiling Writer: Matilda Grimm Editors: Lavanya Kumar and Ellie Gordon There is a tendency when one examines the female experience in the workplace to centralise corporate work. In my own experience at law school corporate law is treated as the most obvious career path. However, a basic question is rarely asked: Why do women want to work in the corporate sphere? I argue feminism has been co-opted to promote capitalist agendas as a way of redirecting feminist anger. To truly promote gender equality we must reconsider the very structure of the workplace, rather than simply making room for women to succeed under predetermined, unworkable parameters.

It has become a well known fact that the male face of the legal profession is aging. Women dominate law schools and the legal profession, yet men retain control of the upper echelons. Consider any corporate law firm’s diversity policy and you will discover the primary strategy to promote gender equality is to push women up the ‘ladder’. For example, law firm Gilbert + Tobin, while celebrating their sixth consecutive win for Employer of Choice for Gender Equality, accentuated their “progressive target for the percentage of women in the partnership.” Socio-economic barriers remain an afterthought as gender equality is boiled down to performance targets. This strategy stems from a neoliberal concept of feminism, which simplistically maps the path to equality along a capitalist route.

Neoliberal feminist rhetoric shifts the onus for gender equality onto women, promoting selfserving individualism and blindness to socioeconomic barriers. Women must assimilate into the patriarchy and adopt male ‘rationality’ or ruthlessness to realise their ‘feminine potential’.

Neoliberal feminism is a convenient mechanism to repackage female agitation into productive capital.

As long as women believe the method to advance feminist interests is to ‘shatter the glass ceiling’, working harder, longer, and better than their male counterparts, they are being tricked into producing capital for a (probably) male elite. Women are set yet another standard for perfectionism, one which, I will argue, they can never achieve. This is particularly relevant to the corporate law world, which has been plagued by allegations of unsafe work hours and underpayment. Gilbert + Tobin, for example, was recently found to have underpaid graduate lawyers by $290,000.

A cynic might reinterpret their ender equality targets as misdirection at best, or at worst a conscious attempt to rebrand unhealthy work conditions towards a demographic with little bargaining power. The solution is not to switch out the male elite for a female elite as neoliberal feminism would have you believe. A feminism which does not strive for collective goals is irrelevant.

Ascending the corporate ladder instead requires women to subjugate their own values in favour of shared corporate goals. Take, for example, the original self-declared Girlboss, Sophia Amoruso. Once a thrift-flipping eBay seller, now owner of fast fashion site Nasty Gal, Amoruso’s business thrives on the backs of lower-class women working in sweatshops.

Slogans such as ‘Girlboss’ create a mental shortcut to evoke feminist ideals without promoting any substantive change or undermining patriarchal corporate power.

Another example of feminist signalling familiar to most Australians is Julia Gillard’s stirring misogyny speech. Yet it is seldom remembered that the Gillard government also spent that historic day cutting welfare benefits for single mothers.

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Whether a marketing tool for facilitating underhanded politics, promoting labour capital utilisation or assuaging privileged women’s guilt, neoliberal feminism is performative.

Granted, the appeals of a corporate law job are manifest. As the child of a single mother, the allure of financial stability (even better prosperity) is undeniable. It is the inherent fear of financial vulnerability that makes neoliberal feminism so easy to peddle. There is of course also the social approval that comes with thriving in a corporate job. Yet women will never truly receive the approval they desire. Caught between the social expectation to maintain domestic bliss and corporate domination, women become burnt out in the pursuit of ‘having it all’. This is particularly relevant to corporate law firms where long work hours are a tacit expectation. Since patriarchal societies treat child rearing as inherent to the female experience, a woman who struggles to balance these two enormous tasks is barely given the recognition of a man who succeeds at one. Inclusive corporate policies, such as flexible working arrangements, are slowly becoming normalised in the legal profession.

However, they represent another instance of corporate law firms making space for women, rather than committing to reconsidering the standard conception of work to find a place for women.

Furthermore, women are caught between the need to satisfy male concepts of good leadership while also portraying a wholesome maternal image. Neoliberal feminists rightly complain that women face disproportionate scrutiny for aggressive or anti-social leadership behaviour.

Women in the corporate world are socialised to be aggressive and self-interested, yet criticised when they do that very thing. It is evident women can never win the approval of the patriarchy, no matter how many times they yell “Girlboss!”

However, the flaw in the neoliberal feminist’s argument is that it falls short of decentralising patriarchal concepts of good leadership. The debate should rather be framed around dismantling the patriarchal systems which permit such behaviour from any person.

Thus, as Ronnie Cohen argues, a more productive feminist act is to resist the pressure to conform to male corporate morality, instead promoting “an ethic of shared responsibility and caring for one another.”

These ideas are hardly new. Google ‘Girlboss feminism’ and a plethora of opinion pieces will appear. It is heartening to witness the issue be brought into the mainstream through satirical memes. I believe it is critical to ground any conversation about women in the workplace with reference to the very nature of work, especially in a setting where corporate law is seen as the ‘standard’ career path. It is not enough for women to ‘fit into’ male industries and workplaces without criticising the nature of those industries. As Amanda Mull astutely observes, “[s]tructural change is a thing that happens to structures, not within them.” In a world waking to intersectionality, toeing the tired line of neutrality and non-accountability in the legal profession simply does not cut it.

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THE INTERVIEW Writer: Emily Calbert

Editors: Alifa Monjur and Lavanya Kumar

The Scenario: As an experienced and motivated young woman and recent Bachelor of Laws graduate, you are applying to graduate position s at firms with the intention of gai ning full-time employment. In the following scenario, you are ne rvously waiting to enter your interview for a corporate law position.

YOUR leather shoes tap on the hardwood floor, synchronous with the ticks of the clock. Tick, tock, tick, tock. 1:49p.m. Eleven minutes until the interview begins. With every second that passes closer to the make-or-break moment, the trembling in your hands grows. Now unclasped, you wipe the sweat off onto your business skirt. Is it too tight? Come on, the skirt is the least of your problems. Is the one button undone on your blouse too scandalous? You want to seem professional but not too uptight! Remember the post-interview questions you want to ask – the opportunities available for mentoring; what the office culture is like; what the interviewer’s areas of specialisation are...

1:50p.m. The door on your left swings open and out walks a professional-looking man in a navy suit, briefcase in hand. He flashes you a beaming smile as he exits from what clearly was an interview. You muster up your best half-hearted grin in return, yet you cannot help but feel your heart sink into your stomach - your confidence doing the same.

Although you are both interviewing for the same role, the reality of the situation is far from the same.

1:51p.m. Nine minutes left. Wasn’t it already difficult enough applying for this job? You were so scared of not even getting this far. Despite the experience you worked so hard to secure over the past few years, you still did not meet all the selection criteria which the job requires. You think back to classes with your radically feminist Family Law lecturer and how she urged you to go against the grain. Not to be like all the other women in the corporate world, only applying to a job if you met every single selection criterion. Think of how ambitious and self-assured the men are, she had preached, they are not any more capable than you! Do you think they will let the selection criteria stand between them and their dream job? Absolutely not! A man in your position would apply even if they only fulfil 60% of the essential skills. 1:52p.m. Eight minutes now. Your mind drifts to the findings of the Hewlett-Packard Internal Report you once read for an assignment.

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How the statistics reaffirmed that women lawyers lack so much confidence in their abilities that they will apply for 20% less jobs than their male peers. Remember that you were brave enough to present yourself as a candidate for this job. You beat the odds of how women on average are 30% less likely to be invited for an interview in comparison to men with precisely the same experience and skills. This full-time role in the legal industry – your first ever proper job after university – will act as an important stepping stone in your chosen career, provided you can earn the role.

1:53p.m. Seven minutes until the interview begins. Do employers discriminate and assume that women should stay practising in certain fields of law? If so, are you even cut out for corporate law?

You think about your two years of experience working as a part-time paralegal in a family law office, where you were known for your trusting relationships with clients. You could always be relied upon to provide exceptional support amidst their sensitive circumstances. In most European countries, over half of all lawyers practising family law are women. Whilst legal proceedings are typically stern and lack emotion, you know what the stereotype is. That of how female lawyers are excellent listeners and can handle such difficult cases with care. Many women do prefer to consult and confide in other women, believing they can understand their situations better. Empathy is everything. You tell yourself to be calm – your perspectives and skills as a female lawyer enhance the ability of the law to protect a greater and more diverse group of people. Surely your qualifications cannot be looked down upon. Or, can they? Don’t they?

1:54p.m. Six minutes to go. Now your mind diverts to overthinking how you should conduct yourself in the interview. First impressions are vital in building strong relationships with other lawyers and clients. When forming these relationships, it is especially important that you stay true to your values and have the confidence to back yourself when challenged. Being assertive is a non-negotiable for success – after all, you are employed to represent a client’s case. You do not want to be the lawyer who is silent in meetings and afraid to voice their opinion - but what happens if you’re ‘too assertive’? Will you be criticised for acting outside your role and not behaving in a dignified manner?

But, it is a fine balancing act - just the ideal amount of confidence and arrogance. You need to have faith in your own ability and how your experience has proven you are capable enough to take on the role.

1:55p.m. How is it five minutes remaining already!? You think back to one of the post-interview questions you had prepared – are there opportunities available for mentoring at the firm?

Considering how competitive the legal industry is, it is extremely important that you network with experienced lawyers and early on. These are the lawyers who can act as positive role models and guide you in building the early stages of your career. However, as there are hardly any female lawyers in senior positions, who are you to look up to? The small percentage of women who boast successful careers are reluctant to mentor, thinking they lack the authority within their own roles to help in the promotion of another female lawyer.

1:56p.m. Breathe, there is still four minutes. What about personal lives? Whilst the interviewer is not permitted to ask such intrusive questions, we all know they will inquire about your desires for a family if they want to. Men in general substantially pride themselves more on their incomes and professional achievements compared to women, who hold personal relationships dear to their heart.

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Do you lie? Being honest about your plans to have a family in the future may give off the impression that you are not fully committed to the profession, in turn hurting your chances at gaining the role.

If you do get the role, you may be unfairly judged and subsequently assigned the worst tasks – potentially even paperwork and fetching coffees for meetings when nobody else can. You know how true to yourself you are – meaning to have both as is your greatest wish, there will be intense pressure to balance your career and family commitments. This will be expectedly tough within an industry where long hours and being accessible twenty-four hours a day, seven days a week is the norm 1:57p.m. Three minutes left. Yes, success is about working at one of the big firms, securing a large salary and maintaining the generous network you proudly display through the number of connections on your LinkedIn page. The true and ultimate success may be defined as becoming one of the highest-salaried partners. You might be able to simultaneously achieve personal success, but do not dare to leave altogether. One foot always needs to be in the door of the legal industry.

Completely leaving with the anticipation of returning ‘at some stage later down the track’ is rarely, if ever, successful. Once gone, you are as good as expired. Breathe. You are confident you can have it all. At the end of the day, success is what you make of...

1:58p.m. Two minutes until crunch time. Even if you were to be hired for the job, you know that your career will one day collide with the infamous ‘glass ceiling’. It is what stands between women and the promotions to which they deserve. The legal industry is no stranger to undermining the abilities of female candidates. You remember hearing all about it back in law school. During Justice Kirby’s first eighteen months practising in the High Court, only six cases out of about two hundred were represented by women. Is that what you will become? Just an invisible statistic? Another contribution to the field?

1:59p.m. One minute remains. Just sixty seconds. What about how your salary would compare to the male candidate that just walked out past you? On average, a female lawyer in New South Wales can expect to earn 73.8% of an equivalent male lawyer’s salary. You think this already massive pay gap would narrow down as women earn barrister status...oh wait, do not forget that few women successfully progress as high as barrister status. If you do, you can get excited for a total income that is 39% less than your fellow male barristers. Is there anything better than working in one of the worst sectors of employment in terms of pay gap? Are you doing any different or lesser skilled work? No. I guess that is just the price you pay – or rather, are not paid – for being a woman.

There is not another chance to overthink the possibilities as the lead interviewer calls you in. You take one last opportunity to wipe your sweaty palms on your business skirt, which is not too tight but rather just the right amount of formal. Do not forget the post-interview questions you had earlier prepared – the opportunities available for mentoring; what the office culture is like; could you tell me more about your areas of specialisation. You take one big final deep breath. You tell yourself that whilst you are a female lawyer, that does not mean you have nothing to offer to this role or the industry. With one last deep breath, you walk into the door on your left with your head held high. Though, not so high that you seem arrogant.

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AN IMPORTANT NOTE Unfortunately, these experiences are not far from the reality of women seeking to build careers in the legal field. The barriers endured – including a significant degree of personal and professional scrutiny alongside limited opportunities for advancement – can be obvious from when women first step foot in law school. As their careers progress, the discrimination only intensifies.

Steady progress has been made in recent years towards creating an industry which promotes gender equality, with 51% of practising solicitors in New South Wales being women. Achieving this half-half ratio was once perceived as an unimaginable feat. Whilst such statistics show promise that the legal field is becoming increasingly accepting and diverse, women continue to be severely underrepresented in the higher levels of the industry. Women account for approximately 25% of partners in firms, whereas a mere 10% of senior positions are filled by women. Such gender bias serves to discourage women from entering or remaining in the legal industry and will not improve on its own.

Particularly shocking is the issue at the heart of it all – most male lawyers do not believe that females are treated any different within the industry. The toxic masculinity that has long underpinned a historically male-dominated field thus continues in the twenty-first century.

For the legal industry to truly embrace gender equality, there needs to be greater recognition and appreciation for the unique contributions offered by women. Female lawyers offer a different perspective to the treatment of legal issues, whether it is as simple as listening to each individual client and providing a personalised approach to justice. The current conditions make it exceedingly difficult for women to fully engage in and develop within the profession.

Women contribute immensely to protecting the rights of others. Is it really that unreasonable to expect that the industry to which they devote their lives should respect and motivate them in a way that allows women to have it all?

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Her Psyche Her Psyche Writer: Jess Sharon

Editors: Noor Chirenian and Isabella Newton Within Exists an amalgamated house I walk it perpetually A caretaker imbued to its service Armed with hammer and shear To shape And to reshape Till what's standing is but a wonder of architecture It's exterior a fashionable asymmetry Unconventional as it has to be Unconventional as I have to be Luminous grey slats of steel Sliding and gliding Constructing sharp corners That almost obscure The moss-hidden backwall--But look!

Come in The sleek entrance inviting Equally polished thoughts Inviting perception-changing purposes Inviting feminIST revolt Inviting feminINE passion?-No, look!

Walk through the wide corridor Past each door Of the Right Wing Right because it was always my right one The one to be pursued The one I always pursued My first choice to groom To make into a pristine shrine

Each door of frosted glass Embossed Striking yet simple alphabet Stating my trajectory 'SalesWOMAN' 'BusinessWOMAN’ 'ChairWOMAN' I'm always a CareerWOMAN Admire the high ceiling Or rather the lack of ceiling For here, I progress Everywhere A touch of success Simplistic subtle glamour Erect with power Perhaps that is why Past the right wing...

Past the blinding gleam….

And past it’s taut blindered purpose ...

Antiquated bubblegum walls Draw the eye To the abandoned narrow alley An inner cave A dark hole in this pristine home Look away!

Look forward The opportunities are calling As long as I stay on this path…

As long as I hammer and I shear I covet this cleanliness

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But the vibrance It calls The walls They arch romantically Crevicing, Curving, Charming the ear With an echo of childhood wonder…

Blooming Lotuses and blossoming roses They line the seams of this inner cave Sickeningly sweet Overpoweringly feminine Archaic in this time of sleek architecture The contrast between corridors stark One cultivated Other disregarded and discarded Enveloping into itself But Strangely powerful No! that is not my path No! that does not yield me success Men who walk in through my doors Should be charmed by my caretaking How else will they invite me to their homes?

I am a feminist but I don't hate men--

But What is feminism but power?

Powerful not in spite of femininity Powerful through femininity Because inside the inner cave Past the momentary darkness Lies a curvaceous chamber Laying in disarray But Woven through its rusty hinges And through its dusty cupboards Is a network of vines Slowly impregnating the walls With wild blossoms And lush beauty No! Beauty does not shatter gender norms No, it does not But why must norms be shattered?

For beauty is poise after struggle N-no… I am not like other girls-Femininity is a reward For centuries of fighting for it as our own identity Blooms that flower despite being unwatered For what is the point of an amalgamated house If all that's done is hammering and shearing?

If one part is idolised While the other, Which hosts in its essence an uncurtailed beautiful power, Is abandoned?

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Judge Interrupted:

INEQUALITY IN THE COURTROOM Writer: Jessica Wang

Editors: Isabelle Doan and Ishani Gangopadhyay Historically, it has been considered a foundation of any legal system that the courtroom is a place of total impartiality, free of the subconscious biases that plague us in the real world. Without this basic presumption, and in particular the idea that judges are able to shed their bias and apply discretion in an appropriate manner to dole out justice, the entire legal system begins to fall apart. If we can’t rely on the arbiters of justice to treat people equally, who can we rely on?

However, gendered expectations continue to pervade the courtroom in a contradictingly regressive manner, considering the otherwise progressive nature of an institution that has generated significant social change throughout history. In particular, studies have shown that masculine stereotypes of behaviour pervade the legal profession. Lawyers are encouraged to be assertive and domineering, a powerhouse force in the courtroom, a veritable Harvey Specter - cool, emotionless and presenting their arguments with a decidedly male logic of ‘rationality’. A US study has shown that in the courtroom, lawyers are rewarded for their compliance to traditional gender roles, with male judges evaluating men based on their ability to make cool, unemotional arguments and women on their ability to be emotionally compelling and tug at a jury’s heartstrings. These similar studies have shown no evidence of bias when it comes to female judges - most likely as those who have experienced the discrimination of gendered expectations are far less likely to apply these same unfair standards to others. Additionally, a qualitative analysis of off-the-record comments made by Israeli judges and lawyers have found that the professional competence of female counsel is routinely undermined, and there is the thinly veiled implication that adherence to traditional gender roles is encouraged. Finally (and dishearteningly), an Australian study has shown that female lawyers are consistently interrupted in the High Court at much higher rates than their male counterparts, and that this rate of interruption paradoxically increased when the court was presided over by its first female Chief Justice. Although these findings were only preliminary ones taken from a period of two and a half terms, it signifies an underlying lack of respect for women that extends to their place in the courtroom; the subconscious idea that women speak too much or that what they say is not worthy of being heard.

This challenges assumptions that increased female representation in courtrooms is enough to help to undo these ingrained biases. Which begs the question - just how prevalent exactly are these harmful gendered norms, and how do we go about rectifying them to ensure that women in law are treated with respect?

I sat down with Natasha Naidu, a woman of colour who identifies as part of the LGBT community and who currently works as a tipstaff at the Supreme Court, to discuss her experiences with these norms.

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1. In your professional experience, do you feel as if there are gender-based differences in the way you are treated by your coworkers?

At the Supreme Court the number of women tipstaves has tended to be roughly half of the tipstaff cohort. In that environment, I have not felt that there have been overtly gender-based differences in the way I have been treated by my coworkers. I have felt challenged by other aspects of my identity - such as being one of the three or four people of colour amongst the tipstaff cohort.

2. Additionally, have you witnessed people’s identities impacting the way they are treated in the courtroom?

Sometimes I wonder if I am observing microaggressions in the courtroom. One example is that I wonder if court typists and stenographers, who transcribe court proceedings, are more inclined to interrupt women barristers to ask them to speak more slowly than male barrister or male judges.

3. Do you ever feel the pressure to behave in a certain way in order to reject or affirm a stereotype?

Sometimes I feel that as a woman I need to act very professional and assertive in my role to have external parties take me seriously. I have found it harder to be taken seriously when I try to be casual and friendly with external parties. I wonder if this "blokey" kind of approach is not a privilege afforded to me.

4. Studies have shown that female lawyers are consistently interrupted at high rates in the High Court of Australia, and that this rate paradoxically increased when the court was presided over by its first female Chief Justice. What do you believe needs to change in order to address underlying biases?

First, I believe we need to see more women going to the bar and being appointed as Senior Counsel and more women being appointed to the courts especially in the supreme courts and courts of appeal. We also need to value and utilise the men who are genuine allies and champion the cause of gender equality in the profession.

Second, we need to keep working to make the law an inclusive place for women. This includes support structures for flexible working and leave arrangements, targeted efforts to support women barristers in maintaining chambers and getting briefs and strong mentoring and support networks.

Third, I believe we need to concentrate on targeted efforts to have women step into leadership roles in the profession. For example, it is not uncommon to see women barristers in the high court these days, but it remains rare that they be given speaking roles. On this I highly recommend a recent article by Winsome Hall and George Williams ‘100 Years of Speaking: Gender Equality among Barristers before the High Court’ (2020) 94 Australian Law Journal 960. Finally, I think we need to remember that the work of addressing underlying biases against women in courtrooms is the work of a larger project of undoing biases that affect Aboriginal and Torres Strait Islander peoples, people of colour, LGBTQIA+ people, people with disability and so many more marginalised communities.

My illuminating conversation with Natasha revealed to me that ingrained biases sadly continue to have an effect on women in the courtroom, leading to microaggressions and behavioural stereotypes. I concur that more work needs to be done in addressing these underlying issues and creating a more inclusive environment, not just for women but for all individuals from marginalised 12 communities.

OVERCOMING THE GLASS CLIFF: The

New

Barrier

to

Female

Leadership

Writer: Sophie Ye

Editors: Tilda Stafford and Talah Al-Jelani Society has prided itself towards the progression towards the representation of women in leadership positions. More than ever, it seems that women have shattered the glass ceiling and are being recognised for their leadership potential. However, this progress towards women leadership could be a facade if we do not address a concerning phenomenon: the overrepresentation of female leaders who fall off the glass cliff.

The glass cliff was first recognised by researchers Michelle Ryan and Alexander Haslam in 2005 who investigated the claim that women leadership could be linked to negative company performance. Upon examining the leaders of 100 companies on the London Stock Exchange however, a surprising phenomenon was found. Women were being overrepresented in positions of leadership but in one specific area: crisis intervention. In short, the glass cliff phenomenon was where women were set up to fail from the moment of appointment during a crisis as the circumstances were against them from the beginning. Since then, debates have occurred regarding its existence. Men have been found to downplay its existence, stating that it is an empowering leadership opportunity in comparison to women who perceive the negative existence of the glass cliff and how it has set them up to be scapegoated.

But why is there such a difference in viewpoint? To an extent, the glass cliff reflects the stereotypical values of women as caregivers who will be able to save the company. Women are expected to have a strength in leading crises relative to their male counterparts to the point the term ‘think crisis, think female’ has been popularised. Skills such as strong communication, encouragement and empathy which are all valuable to quelling crises are traits which women are known to outperform men on.

However even if the decision to appoint women during a crisis is based on a strong faith in leadership ability, this overrepresentation of female leaders is problematic to women as it creates a set-up for failure where women are subjected to criticism for meeting standards which were unreasonable to begin with. Companies expect miracles that are impossible. And thus, women in positions of leadership are pressured into resignation for not reaching these results. Harmful stereotypes such as women leaders creating poorer performance than their male counterparts are perpetuated, and women thus experience the negative perception of a glass cliff.

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We only need to examine recent appointments of women to senior management positions to observe this pattern. Most of these leaders had a career progression that pointed toward success but in the end when a turnaround of results did not occur, they ultimately became scapegoats to blame when the company did not perform. And thus the glass cliff prevailed and undermined their position as successful female leaders.

Carly Fiorina was one leader who experienced the brutality of the glass cliff. As the first female CEO of a US Fortune 50 company, she had already been recognised for five years in the running as one of the most powerful businesswomen in the US. Fiorina marked a new milestone in the private sector through her unprecedented rise to CEO. But this success was short-lived. Brought in during a tumultuous time for HP where sustained losses were contrasted against the boom of other technology firms, Fiorina was held to impossibly high standards to turnaround the performance of the firm. Job cuts and cost savings through mergers were practical actions that needed to be done to save HP. But the unpopularity of these decisions was so great that it angered shareholders and pressured Fiorina into resigning in 2005 as she did not meet the standard of results expected by the HP board.

Fiorina was not a standalone case. Zoe Cruz was on track to become the first female CEO of a Wall Street firm. In her 25 year career at Morgan Stanley, Cruz had overcome the glass ceiling to climb the company’s corporate ladder in a continued trend of success. Yet despite this when the GFC occurred, it was ultimately the chance her skeptics needed to pin blame on her for the failing performance of the company. The colleagues Cruz was in charge of had not been proactive enough in minimising the impact of the GFC but it was not them to blame. It was Cruz they wanted out and so she was dismissed, her 25 year career gone when she had just been promised earlier that she would be the next successor to CEO. Years later, it would be recognised that Morgan Stanley had come out relatively unscathed compared to other Wall Street firms following the GFC due to the impact of Cruz’s actions.

However, the glass cliff is not inevitable. Being a successful female leader does not have to mean being inevitably scapegoated by colleagues and held to unreasonable standards as Carly Fiorina and Zoe Cruz have. In fact within the context of COVID-19, the need for leaders to step up during a crisis has become one of greatest urgency. Even when the world arises to the other side of the post-pandemic, a majority of companies will be recovering from one of their strongest financial crises yet.

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Women will again have the opportunity to show themselves as strong leaders. Within the context of the current pandemic, female political leaders have been observed to outperform their male counterparts. Jacinda Ardern, current prime minister of New Zealand reflects how leaders with stereotypically feminine attributes such as strong communication, encouragement, empathy and listening can excel in taking care of a large-scale crisis. Her decision to listen to authorities who had forecasted the severity of the pandemic would have led to an extremely proactive and sudden lockdown, before COVID-19 could become a full-blown crisis in NZ. By showing empathy to the public of how difficult it must be to enter a sudden lockdown, Ardern appealed to their desire to see life return to normal to justify the short-term cost of a sudden lockdown and her decision was respected. Her reassurance was believed and through her leadership, NZ became the first to successfully eliminate COVID-19.

So if we know that the glass cliff can be overcome, how can we ensure that stories such as those of Carly Fiorina and Zoe Cruz do not repeat itself? We need to first recognise the existence of the glass cliff as a phenomenon. In realising that there is an overrepresentation of female leaders who are appointed during crises, we can be proud of how it is recognised feminine attributes such as communication, empathy and listening are regarded as factors that lead women to excel in leading crises compared to men. However, we also need to realise that by appointing them to lead a high-pressure crisis, we cannot keep subjecting women to comparisons of the capabilities of leaders who have only led outside of a crisis. We need to recognise the different pressures and challenges associated with overcoming a crisis and stop scapegoating women for poor performance when results are realistic given the context. Instead of ostracizing them for not performing to expectations, support should be given from board members and colleagues so that the challenge is taken on altogether rather than remaining the sole responsibility of the female leader.

This overrepresentation also raises a question: if we can appoint women during a critical point such as a crisis, what is to stop us from appointing women in leadership positions in normal scenarios which will reflect their true capabilities? Giving more opportunities to women where the circumstances are not disadvantaged from the start is important to breaking down the stereotype perpetuated by the glass cliff that women are incapable of leading. Think crisis, think female can be the correct way of thinking if we ensure support is given to women to not fall off the glass cliff. But we should also reconsider how we can bring about a new phenomenon, one where women are overall recognised as capable leaders in all circumstances.

Think leadership, think female.

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Writer: Gopika Ayyappan Aryad

Editors: Paris Joy Spennato and Oviya Wadhwa

I INTRODUCTION

The 2018 survey conducted by the Australian Human Rights Commission reported that 85% of Australian women over the age of 15 have experienced sexual harassment in their lifetimes and 23% of women over the past 12 months had experienced sexual harassment at their workplace. In March 2019, there have been allegations of sexual harassment from women staff members of the Parliament. Further, in the year 2020, there has been an upsurge in the sexual harassment revelations in the legal industry wherein young women lawyers have stood up and raised their voice against the sexual harassment they have faced in the workplace. Despite such allegations, there have not been any concrete actions taken on the part of the Government or from the legal industry to address these atrocities women have to face on an everyday basis. These inactions highlight the misogynistic and patriarchal system in our society, wherein women who are welleducated and have financial resources are subjected to these physical assaults and are subjected to remain silent. In this article, the focus is examining the major lacunae in the legislative framework of workplace sexual harassment that acts as a catalyst in aiding these perpetrators and as a hurdle in accessing justice.

A Gaps in the Legislative Framework

The Sex Discrimination Act 1984 (Cth), The Anti-Discrimination Act 1977 (NSW) and The Fair Work Act 2009 (Cth) are the legislative framework that addresses sexual harassment at workplace. Sexual harassment has been defined as an unwelcome sexual advance’ or ‘unwelcome request for sexual favours’ or ‘unwelcome conduct of a sexual nature’ where ‘a reasonable person having regards to all of the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated’. SDA makes sexual harassment unlawful in all areas of public life including the workplace, and also contains a list of circumstances to be taken into account in evaluating complaints of sexual harassment. The Fair Work Act 2009 (Cth) is the main Statute that governs the employee/employer relationship in Australia and Section 351 of the Act has been interpreted to cover sexual harassment. Though elaborate legislative frameworks are present, the following are the major lacunae in the statutory provisions.

(a) Time limit under the ADA, Fair Work Act 2009

The Statutes does not expressly propose a limitation period for lodging a complaint of sexual harassment. But the President of the Australian Human Rights Commission (‘AHRC’) has the power to terminate a complaint of sexual harassment on the ground that it was lodged more than 6 months after the alleged conduct, which effectively acts as a time limit for the applicants to make a complaint to the AHRC. Similarly, if an applicant wishes to lodge a sexual harassment general protections claim involving their dismissal, the time limit is within 21 days of such dismissal. Most of the survivors suffer from feelings of low- esteem, guilt, self-blame, trauma, and post-traumatic stress disorder (PTSD), even years after incidents of sexual harassment. Further, most of them do not feel comfortable or confident in making complaints until they find alternative employment. As evident from the report of legal centres, for the majority of survivors who are these time limits are1 6 deterring them from accessing justice.

b) Lack of duty imposed on the employers

Under the legislative framework, the employers do not have a duty to frame policies, take steps to prevent incidents of sexual harassment. They can only be held vicariously liable for the lack of reasonable steps when they are defending sexual harassment claims. 71% of the respondents reported a lack of awareness regarding what constitutes sexual harassment. Fewer than one in five people made a complaint about workplace sexual harassment. Out of the people who made a complaint, 18% were ignored or ostracised by their colleagues and the majority of the sexual harassment were witnessed by another colleague who did not intervene. This can be solved by adopting a zero-tolerance policy regarding sexual harassment by the employer in the form of policies, workshops and this would empower the employees to make complaints, support the survivor and to report such incidents. Additionally, this would also act as a deterrent for the potential abusers to know the consequences of their behaviour. Though some workplaces have implemented such policies, a lack of statutory regime impairs effective enforcement of it.

The procedure of a workplace sexual harassment complaint is retraumatizing for the people to repeatedly retell their store and hence relive the experience. Counseling support has to be provided to the survivors, the survivor should be given the opportunity and the employer must be made to assist the employee financially if the claim needs to be taken up to the Courts.

(c) Lack of power to take up suo-moto investigations

The Anti- Discrimination Board (NSW) and the AHRC do not have the power to take up investigations on their own and can only act on the individual complaints made. Most of the survivors do not report the sexual harassment because of the power difference that exists in the workplace and being sexually harassed by a person in a senior position intimidates them from filing a complaint. Further, when responding to complaints the employers often blame the victim and the perpetrators are protected. The power to take up own-motion investigations needs to be vested with the authorities to address the growing workplace sexual harassment rate and rather than the current private conciliation process, the culprits of such incidents needs to be given systemic attention and public scrutiny.

II CONCLUSION

The Me Too and Times up Movement have provided the much-needed platform for women to speak up against the sexual harassment they have faced. But years after the movement, no significant process has been made in the area of workplace sexual harassment in Australia. With three Acts dealing with the same subject matter, it becomes complex and confusing for the individual to select the avenue for filing their claim. Recently, the Government has proposed to reform the workplace harassment laws and regulations. The proposal includes amending the Human Rights Act to extend the time limit of lodging complaints to two years,

extending the scope of Sex Discrimination Act 1984 to include judges and MP’s and to include sexual harassment as a serious misconduct under the Fair Works Act 2009. But even if these reforms are made, there are still unaddressed concerns such as the lack of duty imposed on the employers to prevent sexual harassment and the lack of power of the NHRC and the AntiDiscrimination Board (NSW) to take up suo-moto investigations. The need of the hour is to frame and implement a sexual harassment legislative framework that would effectively address all these loop holes to ensure safety at workplace.

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8 Tips & Tricks to Help Men Look the Part in a Woman’s Workplace.

For men, the ongoing pressure to look good has worked its way into their professional lives. With the rise of social media and the tabloid’s unrelenting obsession with ‘who wore it better?’, we are forced to conclude that the male appearance is an asset as important as their education.

So, here are eight scientifically proven ways to dress for success and help you climb up the corporate ladder!

1) Remember your workday doesn’t begin when you step into the office. You should consider your bathroom a second workspace; you clock-in as soon as you wake up and put in that overtime to tame that mane, freshen that face, and practice your confident yet approachable smile. Plus those envious looks from the other gentlemen at work are well worth those hours of lost sleep.

2) When it comes to your appearance no price is too steep! Men are expected to spend the big bucks on their aesthetic maintenance, so when you get your pay-check set aside a fraction for your cosmetic purchases and this will ensure those pay-checks keep on coming.

4) If you’re well-proportioned, it would be a shame not to flaunt your physique. Small garment alterations such as an undone top button show that you are fun and approachable, but a second undone button is inappropriate, unprofessional, and asking for an awkward encounter. Since we all can’t be blessed with washboard abs, broad shoulders, and “The V”, your local gym or cosmetic surgeon may be the answer.

5) Indulged a little too much over the holidays? Vertical stripes on your work attire is an easy way to appear slimmer and avoid those disapproving stares from your co-workers. Trying to squeeze into your dream suit? Tired of making those extra notches on your belt? For your lunch hour at work try swapping out all those nasty carbohydrates for a simple clean salad (and remember, no dressing)! Give those weight-loss shakes a try too, the ones all those fit Instagram influencers rave about. After all, if it works for them, why wouldn’t it work for you?

6) Feeling moody and irrational? Female coworkers constantly asking if your Uncle Floyd is visiting? Masculine issues getting in the way of a productive day’s work? Don’t get hysterical and appear emotional, instead pop those supplements and take a ‘you day’. I recommend a trip to your barber to make you feel young and sprung again.

Remember, when you look good, you feel good!

7) Be sure to never talk about your partner in the workplace. This might make you seem unwelcoming and might scare away new workplace friends… and maybe even that promotion as well.

When your female co-workers are having a bit of the blue talk around the water-cooler, don’t act offended. Instead, join in the banter and show them you’re ‘one of the girls’.

3) Consider this aesthetic labour as an investment into your career; a well-groomed 8) Leave those adorable photos of your look shows your employer that you are as children at home. Having images of your family in serious about your job as you are about your your workplace may give the impression that you hair. But also be careful not to be overstated and are not that serious about your career. No boss end up with a manufactured’ style. Appearing to wants to have to worry about paying paternity put too much effort into one's appearance might leave or finding your ‘temporary’ replacement seem as though you are overcompensating for whilst you’re off starting a family. But don’t wait too poor work performance and have your employer long to have kids, the clock is ticking, once you see concerned about your priorities. those first grey hairs you’ll know it’s time to tie a woman down.

If you follow these tips and tricks you are sure to Writer: Adriana Ishac impress and style your way to success!

Editors: Alicia McKenzie and Lavanya Kumar 18

Did this article sound ridiculous to you? For some the absurdity of these expectations may be disregarded and forgotten with a turn of the page, but for many women this is their reality.

The standards and criticisms women face as members of the workforce tend to accumulate into an overwhelming mountain of pressure to spend exorbitant time and money on their appearance. Whilst gendered expectations relating to appearance vary with each workplace culture, it is more often the case that women find themselves under the magnifying glass.

The ‘beauty expectation gap’ sees women observed and assessed for their physical traits more so than their male counterparts, as a result women are required to curate a ‘pleasing’ self, both in an ‘inner’ and ‘outer’ sense, and constantly project this image. The aesthetic labour women are forced to exert to secure and maintain a place in the workforce is frequently capitalised on by the beauty industry, exploited by the media, and continuously upheld by our own learned expectations.

This is not to deny that men are exempt from such treatment, but rather that intervention is needed to ensure no group (whether by gender, race, age, or ability) be subject to inequitable burdens, superfluous labour, and excessive scrutiny. We must consciously work to change the script in the workplace; by utilising human resources and workplace training, challenging media bias, and confronting gender stereotypes in the workplace by giving voice to the issue. We must learn to neglect such literature that constrains women into two-dimensional aesthetic specimens, sharing unreasonable ‘tips and tricks’ that spin a profitable narrative, and replace it with articles that appreciate the depth and duality of women in the workplace.

Women are plagued by prescriptive beauty norms, encouraged to spend inordinate amounts on products and services in order to reach physical ideals and gain the ‘societal capital’ demanded in particular industries. This means that a woman’s job performance is often linked to their conformance to non-meritorious stereotypical attributes, which translates into employment discrimination and professional consequences for not ‘looking the part’. Even those who attempt to rebel against such practices often face ‘backlash’ for not conforming to traditional feminine expectations, and yet women are still subjected to bias when they do. This double-edged sword leaves women very much damned if they do, damned if they don’t.

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ENDNOTES

[1] Women Lawyers Association NSW, 2019 Law Firm Comparison Project (Report, 24 October 2018) 10.

[2] ‘G+T named Employer of Choice for Gender Equality for sixth consecutive year’, Gilbert + Tobin (Blog Post, 25 February 2020) <https://www.gtlaw.com.au/news/gtnamed-employer-choice-gender-equality-sixth-consecutive-year>.

[3] Catherine Rottenberg, ‘How neoliberalism colonised feminism – and what you can do about it’, The Conversation (online, 23 May 2018) <https://theconversation.com/howneoliberalism-colonised-feminism-and-what-you-can-do-about-it-94856>.

[4] Ibid.

[5] David Marin-Guzman and Hannah Wootton, ‘Lawyer pay faces regulation as scandal spreads to Allens, Minters’, Financial Review (online, 21 January 2020) <https://www.afr.com/work-and-careers/workplace/allens-minters-reviewunderpayments-20200120-p53sxa>.

[6] Hannah Wootton and David Marin-Guzman, ‘Top-tier law firm clocks up $290k underpayments bill’, Financial Review (online, 17 July 2020) <https://www.afr.com/companies/professional-services/top-tier-law-firm-clocks-up290k-underpayments-bill-20200714-p55bze>.

[7] Andrew Busby, ‘With Allegations Of Slavery And Unsafe Working Conditions, Is Boohoo The Unacceptable Face Of Fast Fashion?’, Forbes (online, 5 July 2020) <https://www.forbes.com/sites/andrewbusby/2020/07/05/with-allegations-of-slaveryand-unsafe-working-conditions-is-boohoo-the-unacceptable-face-of-fast-fashion/? sh=492d763a16e9>.

[8] Blair Williams, ‘How Julia Gillard forever changed Australian politics - especially for women’, The Conversation (online, 2 June 2020) <https://theconversation.com/how-juliagillard-forever-changed-australian-politics-especially-for-women-138528>.

[9] ‘Study reveals increasing time demands placed on legal professionals’, Thomson Reuters (Blog Post) <https://legal.thomsonreuters.com.au/about-us/news/workhours.aspx>.

[10] Women Lawyers Association NSW, 2019 Law Firm Comparison Project (Report, 24 October 2018) 16.

[11] Ronnie Cohen, ‘Feminist Thought and Corporate Law: It’s Time to Find Our Way Up From the Bottom (Line)’ (1994) 2(1) The American University Journal of Gender, Social Policy & the Law 1, 36.

[12] Amanda Mull, ‘The Girlboss Has Left the Building’, The Atlantic (online, 26 June 2020) <https://www.theatlantic.com/health/archive/2020/06/girlbosses-what-comesnext/613519/>.

[13] Tara Sophia Mohr, ‘Why Women Don’t Apply for Jobs Unless They’re 100% Qualified’, Harvard Business Review (Blog post, 25 August 2014), <https://hbr.org/2014/08/why-women-dont-apply-for-jobs-unless-theyre-100-qualified>.

[14] Ibid.

[15] Kerry Hannon, ‘Are Women Too Timid When They Job Search?’, Forbes (Blog post, 11 September 2014), <https://www.forbes.com/sites/nextavenue/2014/09/11/arewomen-too-timid-when-they-job-search/?sh=5af06ccf411d> 21

ENDNOTES

[16] Maria Ignatova, ‘New Report: Women Apply to Fewer Jobs Than Men, But Are More Likely To Get Hired’, LinkedIn (Blog post, 5 March 2019), <https://business.linkedin.com/talent-solutions/blog/diversity/2019/how-women-findjobs-gender-report>.

[17] Sheila McClear, ‘Study: Women 30% less likely to be called in for an interview’, The Ladders (Web page, 5 April 2019), <https://www.theladders.com/career-advice/studywomen-30-less-likely-to-be-called-in-for-an-interview>.

[18] Bob Clary, ‘Women in the Law and the Areas That They Specialise In’, MS. JD (Blog post, 27 March 2016), <https://ms-jd.org/blog/article/women-in-the-law-and-the-areasthat-they-specialise-in>.

[19] Ibid.

[20] Kraft Miles, A Law Corporation, ‘Hiring a Female Divorce Attorney: Advantages & Distinctions’, Kraft Miles: A Law Corporation, (Web page, 12 September 2017), <https://www.kraftlawoffices.com/blog/2017/september/hiring-a-female-divorceattorney-advantages-dist/>.

[1] Kim Elsesser, ‘Female Lawyers face Widespread Gender Bias, According to New Study’, Forbes (Web page, 1 October 2018), <https://www.forbes.com/sites/kimelsesser/2018/10/01/female-lawyers-facewidespread-gender-bias-according-to-new-study/?sh=b5b052b4b55e>.

[2] Corporate Counsel Business Journal, ‘Inspiring and Empowering Women to Achieve Success in Legal Profession’, Corporate Counsel Business Journal (Online, 1 May 2004), <https://ccbjournal.com/articles/inspiring-and-empowering-women-achieve-successlegal-profession>.

[3] Rebecca Korzec, ‘The Glass Ceiling in Law Firms: A Form of Sex-Based Discrimination’, (Conference paper, Annual National Conference on Labor and Employmnet Law, 23-24 March 2000), 253.

[4] Ibid.

[5] Kim Elsesser, ‘Female Lawyers face Widespread Gender Bias, According to New Study’, Forbes (Web page, 1 October 2018), <https://www.forbes.com/sites/kimelsesser/2018/10/01/female-lawyers-facewidespread-gender-bias-according-to-new-study/?sh=b5b052b4b55e>.

[6] Justin Huntsdale, ‘How Women Lawyers Face a Threat to Their Career When Juggling Maternity and Family Duties’, ABC News (Online, 28 April 2017), <https://www.abc.net.au/news/2017-04-28/challenges-facing-female-lawyers/8480658>.

[7] Rebecca Korzec, ‘The Glass Ceiling in Law Firms: A Form of Sex-Based Discrimination’, (Conference paper, Annual National Conference on Labor and Employmnet Law, 23-24 March 2000), 251.

[8] Jerome Doraisamy, ‘Women lawyers rebut Frydenberg’s gender pay gap claim’, Lawyers Weekly (Online, 12 September 2019), <https://www.lawyersweekly.com.au/biglaw/26495-women-lawyers-rebut-frydenberg-sgender-pay-gap-claim>.

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ENDNOTES

[9] Samantha Woodhill, ‘Barristers top the gender pay gap list’, Australasian Lawyer, (Online, 14 June 2016), <https://www.thelawyermag.com/au/news/general/barristers-topthe-gender-pay-gap-list/200072>.

[10] Rebecca Korzec, ‘The Glass Ceiling in Law Firms: A Form of Sex-Based Discrimination’, (Conference paper, Annual National Conference on Labor and Employmnet Law, 23-24 March 2000), 257.

[11] Ibid.

[12] Monique Robb, ‘Australia: Women in the Legal Profession’, Swaab (Blog Post, 18 March 2019), <https://www.mondaq.com/australia/strategic-planning/790872/women-inthe-legal-profession>.

[13] Richard Lawson, ‘Women Practising Law’, Lawson Legal (Web Page, 3 June 2019), <https://www.lawsonlegal.com.au/women-practisinglaw/#:~:text=Recent%20statistics%20show%20that%20of,profession%20belongs%20to% 20female%20lawyers.>.

[1]4 Ibid.

[15] Heather Price, ‘Talented Female Lawyers in Australia are Leaving the Profession - It’s the Profession that Needs to Change’, Women Lawyers Association of NSW (Blog post, n.d.), <https://womenlawyersnsw.org.au/talented-female-lawyers-in-australia-are-leavingthe-profession-its-the-profession-that-needs-to-change/? highlight=Talented%20female%20lawyers%20in%20Australia%20are%20leaving%20the %20profession%20%E2%80%93%20It%E2%80%99s%20the%20profession%20that%20n eeds%20to%20change>.

[16] Richard Lawson, ‘Women Practising Law’, Lawson Legal (Web Page, 3 June 2019), <https://www.lawsonlegal.com.au/women-practisinglaw/#:~:text=Recent%20statistics%20show%20that%20of,profession%20belongs%20to% 20female%20lawyers.>.

[17] Kraft Miles, A Law Corporation, ‘Hiring a Female Divorce Attorney: Advantages & Distinctions’, Kraft Miles: A Law Corporation, (Web page, 12 September 2017), <https://www.kraftlawoffices.com/blog/2017/september/hiring-a-female-divorceattorney-advantages-dist/>.

[1] Emily Stewart, ‘Why struggling companies promote women: the glass cliff, explained’, Vox (online, October 31 2018) <https://www.vox.com/2018/10/31/17960156/what-is-theglass-cliff-women-ceos>.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Michelle K. Ryan, Alexander Haslam and Tom Postmes, ‘Reactions to the Glass Cliff’ (2007) 20(2) Journal of Organizational Change Management 182.

[6] John G Vongas and Raghid Al Hajjm ‘The evolution of empathy and women’s precarious leadership appointments’ (2015) 6 Frontiers in Psychology 1715: 1-14, 4.

[7] Ibid 5.

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ENDNOTES

[8] Jeenie Kahng, ‘Flying from the Glass Cliff - Leadership Opportunities for Women in Times of COVID-19’, disruptHers: The Podcast (Web Page, 22 January 2021). <https://www.winston.com/en/disrupthers-the-podcast/flying-from-the-glass-cliffleadership-opportunities-for-women-in-times-of-covid-19.html>.

[9] Sylvia Ann Hewlett, ‘The Glass Cliff: Are Women Leaders Often Set Up to Fail?’, Harvard Business Review (Web Page, 5 August 2008) <https://hbr.org/2008/08/arewomen-leaders-often-set-up>.

[10] Ibid.

[11] Dave Gordon, ‘Carly Fiorina’s journey from secretary to CEO’, BBC News (online, 1 June 2020) <https://www.bbc.com/news/business-52820298>.

[12] Timothy B. Lee, ‘Carly Fiorina’s controversial record as CEO, explained’ Vox (online, 28 October 2015) <https://www.vox.com/2015/9/17/9346877/carly-fiorina-hewlettpackard>.

[13] Gordon (n 11).

[14] Ibid.

[15] Joe Hagan, ‘Only the Men Survive’, The Crash of Morgan Stanley Executive Zoe Cruz New York Magazine (Web Page, 25 April 2008) <https://nymag.com/news/business/46476/>.

[16] Ibid.

[17] Ibid.

[18] Ibid.

[19] Kahng (n 8).

[20] Ibid.

[21] Uri Friedman, ‘New Zealand’s Prime Minister May Be the Most Effective Leader on the Planet’, The Atlantic (online, April 19 2020) <https://www.theatlantic.com/politics/archive/2020/04/jacinda-ardern-new-zealandleadership-coronavirus/610237/>.

[22] Ibid.

[23] Ibid.

[24] Ibid.

[25] Kahng (n 8).

[1] Australian Human Rights Commission, Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces (Report, 2018) (‘AHRC’).

[2] Meghna Bali, ‘A timeline of all the reasons women are furious right now’, ABC (online,23 March 2021) <https://www.abc.net.au/triplej/programs/hack/timeline-ofallegations/13269902>.

[3] Naaman Zhou, ‘Nobody stood up for me’: young lawyers say harassment rife in Australian legal profession’, The Guardian (online,26 June 2020) <https://www.theguardian.com/law/2020/jun/26/nobody-stood-up-for-me-younglawyers-say-harassment-rife-in-australian-legal-profession>.

[4] Sex Discrimination Act 1984 (Cth) s 28A(1); Anti-Discrimination Act 1977 (NSW) S 22A. [5] Ibid s 28(B) ; Anti-Discrimination Act 1977 (NSW) s 22B. [6] Sex Discrimination Act 1984 (Cth) s 28A(1A).

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ENDNOTES [7] Australian Human Rights Commission Act 1986 (Cth) s 46PH(1)(b).

[8] The Fair Work Act 2009 (Cth) s 366(1)(a).

[9] Australian Centre for the study of sexual assault, The impact of sexual assault on women ( Report, April 2011).

[10] Kingsford Legal Centre, Redfern Legal Centre , Women’s Legal Service Centre and National Association of Community Legal Centres, #Me Too: Legal Responses to Sexual Harassment at Work (Report,April 2019).

[11] Ibid.

[12] Sex Discrimination Act 1984 (Cth) s 106 ; Anti-Discrimination Act 1977 (NSW) S 53(3).

[13] AHRC n 1.

[14] Ibid [15] AHRC n 1.

[16] Lowell Pearson, ‘How to Reduce Your Risk of Sexual Harassment Claims & Litigation’ 2010 107 (6) The Journal of the Missouri State Medical Association 361–364.

[17] Ibid.

[18]Care Australia,What Works?, Preventing & Responding to Sexual Harassment in the Workplace- A Rapid Review of Evidence (Report, 2018).

[19] AHRC n 1.

[20] Unions NSW , Submission No 354 to Australian Human Rights Commission, National Inquiry into Sexual Harassment in Australian Workplaces (28 February 2019).

[21] Sex Discrimination Act 1984 (Cth) s 48; Anti-Discrimination Act 1977 (NSW) s 90.

[22] Australian Human Rights Commission, ‘Behind closed doors: Approaches to resolving complaints of sexual harassment in employment’ (Report, 2002).

[23] Mia Pantechis, The Coalition’s response to sexual harassment is being mimicked by employers defending their own claims, Women’s Agenda (Blog Post, 27 March 2021) <https://womensagenda.com.au/business/employers/canberras-response-to-sexualharassment-is-being-mimicked-by-employers-defending-their-own-claims/>.

[24] Belinda Smith, ‘Fair and Equal in the World of Work: Two Significant Federal Developments in Discrimi- nation Law’ Australian Journal of Labour Law 2010 23(3) 199219.

[25] Chanel Zagon and Emily McPherson, ‘Government vows to reform sexual harassment and assault laws’, Nine News ( Online, 8 April 2021) https://www.9news.com.au/national/pm-scott-morrison-government-vows-to-reformsexual-harassment-and-assault-laws/14a721a6-8411-428d-b19e-20337a5d7e04.

[1]On average women spend 3,276 hours per year getting ready for work compared to men who spend 1,092 hours. Additionally, women spend 15 billion on average on grooming annually whereas men spend 7 billion.

See Siobhan Hegarty, ‘The Double Standards Women Face at Work Every Day’, ABC Everyday (online, 30 July 2019) <https://www.abc.net.au/everyday/double-standards-forwomens-appearance-at-work/11365492>.

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ENDNOTES [2] Leeat Ramati-Ziber, Nurit Shnabel and Peter Glick, ‘The Beauty Myth: Prescriptive Beauty Norms for Women Reflect Hierarchy-Enhancing Motivations Leading to Discriminatory Employment Practices’ (2020) 119(2) Journal of Personality and Social Psychology 317.

[3] Aesthetic Labour in the Workplace: A Woman’s Burden’, Cognicity (Blog, 7 February 2020) <https://www.cognicity.com/aesthetic-labour-in-the-workplace-a-womansburden/>.

[4] Madeline E. Heilman and Suzette Caleo, ‘Combatting Gender Discrimination: A Lack of Fit Framework’ (2018) 21(5) Group Processes & Intergroup Relations 725.

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Graphic Design By: Bassmah Ali and Sandra Ang