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Editors --- "'Sit Down Girlie'" [2003] AltLawJl 94; (2003) 28(6) Alternative Law Journal 307

'SIT DOWN GIRLIE'
Girlie goes Corporate

No Fannies on our Board!

Corporations exist to make profits. However, they also claim to be driving economic growth and development, producing goods and services and thereby generating jobs and income. The governance of corporations in an increasingly privatised environment with the freeing up of trade barriers means corporations are in a more powerful position than ever to set social agendas and influence politics. It is, therefore, urgent that the Boards of these corporations are representative. But women are still missing from the equation.

Under the headline 'Women still not managing' The Australian (2 October 2003) reports, 'Working women are languishing in junior positions and remain locked out of the nation's board rooms, a census of Australia's 200 top companies has revealed'. The Census was conducted by the Equal Opportunity for Women in the Workplace Agency, which found that although women comprise more than half the workforce they hold only 8.4% of Board positions on the top 200 companies. The Director of the Agency says if Australia's companies don't improve their record, tougher measures such as mandatory quotas (as is the case in the US) may have to be introduced.

Soft protuberances

The first definition of breast in The Shorter Oxford Dictionary of Historical Principles states: 'Each of the two soft protuberances situated in the thorax in females, in which milk is secreted for the nourishment of their young'. Now some women may envisage other uses for their soft protuberances but how can it possibly have taken so long, in a world in which breasts are exploited mercilessly in advertising, for breastfeeding to be finally recognised by the Australian government? It was not until early October 2003 that the Senate accepted breastfeeding as a ground for unlawful discrimination. In an amendment to the Sex Discrimination Act it will be unlawful to discriminate against mothers for breastfeeding or for being pregnant. The amendment also clarifies when questions can be asked about pregnancy for legitimate reasons such as occupational health and safety. About bloody time!

Mind you, having a law is one thing -implementing it is another. Sex Discrimination Commissioner Pru Goward has published an overview of sexual harassment in the workplace which indicates that although Australia has had laws outlawing sexual harassment for over 20 years, many businesses have still failed to implement sexual harassment policies. Ms Goward's report indicates three out of every four people who report sexual harassment at work quit their job or go on leave. She said sexual harassment at work, 'causes disruption to the workplace, has negative impacts on productivity and workplace culture and often results in employees being unable to work'. Her report also reveals that 95% of complaints are lodged by women with 88% being about harassment by men usually a senior staff member.

Turn the other cheek

The ordination of the Anglican Church's first openly gay priest has been met with joy and derision. While many have celebrated a long overdue initiative, others, like the Anglican Archbishop of Sydney, have likened homosexuality to 'other gross public sins' such as lying and greed. Such a Christian approach!

Backlash

Things are getting mighty rough in the 'Sub-Continent'. In India a group calling itself the 'All-India Front Against Atrocities by Wives' coming together under the slogan 'Husbands of the World Unite -have nothing to lose but our wives' (The Age, 14 October 2003), argues that men are the weaker sex and need protection from their violent wives. They claim 40,000 abused husbands as members, among them judges and police officers! Feminist lawyer Malavika Rajkotia says the group has grossly exaggerated the issue and is chauvinistic, with its real agenda being to promote the idea that the place of women is in subservience to husbands at home. The male dominated police force is also accused of over estimating abuse by women by including instances where women have been trying to defend themselves against attacks by husbands.

New abortion law in US

The president of the United States of America in November 2003 signed the first government abortion restriction law for three decades which would make unlawful procedures such as those which were the subject of Roe v Wade. Under the Partial Birth Abortion Ban Act doctors can be jailed for up to two years for performing 'partial birth' abortions, which are defined as intentionally killing a foetus that has been partly delivered. Civil action against doctors is also included in the law. President Bush has described the move as the government coming to the aid of the 'innocent Child' against a 'terrible form of violence' (The Age, 7 November 2003). Opponents of the legislation have already begun legal action and Bush has said his administration would 'vigorously defend this law against anyone who would try to challenge it in the courts'. Feminist groups have pointed out that the new law will outlaw many abortion techniques and is effectively the same as one in Nebraska, which was invalidated by the US Supreme Court three years ago. The American Civil Liberties Union called the law dangerous and deceptive.

New Chief Justice!

In the bad old days it was argued that you couldn't have women judges be­ cause there were no women's toilets available for them. Dame Ada Norris contested this by pointing out that on aircraft men and women share such facilities without any dire results. When Mary Gaudron became the first woman judge on the High Court of Australia there must have been a few plumbing adjustments. Victoria now has its first female Supreme Court Chief Justice, Marilyn Warren. Dunnies shouldn't pose too much of a barrier given that the state's first Supreme Court female judge, Rosemary Balmford, retired this year.

Cora Pratt

Cora is a Feminist Corporate Lawyer.


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