
How can you protect your rights in this 2024 election
The results of the 2024 election have been a cause of concern for many. The first convicted felon elected as president and the subject of multiple sexual misconduct allegations. Donald Trump’s stance on the rights of women and minorities have been consistently decried as openly hateful and discriminatory. This brings to question how Australia will protect your rights.
As such, it is understandable how fears surrounding how Trump’s second term may affect vulnerable groups and embolden wrongdoers internationally have begun to spread.
In light of Trump’s upcoming term as the 47th president of America, it is perhaps more important than ever to be aware of your rights and how to protect them. Even in Australia, it is imperative to stay vigilant of the cultural shockwaves that may affect the way that you and those you care about are treated both in the workplace and beyond.
Trump’s policies, associations, and history
An Ignored History of Sexual Misconduct Allegations
It may have seemed highly unlikely for the ex-reality TV show host to have been re-elected. After all, in addition to his multiple criminal indictments, Trump, in May 2023, was found by a jury to have sexually assaulted columnist E Jean Carroll.
The civil case occurred almost seven years after Trump’s leaked 2005 conversation with TV host Billy Bush made international news. In the footage, Trump is heard stating: “I don’t even wait. And when you’re a star they let you do it. You can do anything. Grab them by the pussy. You can do anything.”
Though Trump was found not guilty of ‘rape’ as defined by the New York legislation as it then existed. Many, including District Judge Lewis A. Kaplan, have noted that the acts would constitute rape in most other jurisdictions and as it is commonly understood. In fact, New York’s new Rape is Rape Act, in force since the 1st of September 2024, now classifies similar acts of forced penetrations as rape.
It is difficult not to wonder about the cultural significance of America having willingly elected such a figure as their head of state. The limited weight being given to sexual assault and lack of acknowledgement of the trauma suffered by victims is worrying. Moreover, there are fears that this blatant disregard of sexual misconduct may encourage other perpetrators.

Sexist Attacks Following Election Results
Rape culture, defined as a culture which treats sexual violence as the norm and shifts the blame of sexual misconduct from the perpetrator to the victim, is built on the normalisation of certain sexist attitudes and beliefs.
Given the apparent lack of regard afforded to Trump’s harmful actions, it therefore becomes highly important to stay aware of individuals who might believe themselves to be more free to make harmful comments and commit harmful acts.
In fact, the results of the 2024 election have already had ramifications. Researchers of the Institute for Strategic Dialogue (ISD) found a marked increase in sexist comments against women on social media in the aftermath of the election. Noting “more than just a continuation of misogynist trends” seen after previous cycles.
The ISD suggests that this was likely due to an “emboldened group… exploit[ing] Donald Trump’s election as a rebuke of both reproductive rights and women’s rights” and warns that “the impact on women could extend into the next presidential election and beyond”.
Notable events include podcaster Andrew Tate, known for promoting sexist ideas, especially to young men, and for being criminally accused of rape and human trafficking, suggesting that women “no longer have rights” following the election. Similarly, white nationalist Nick Fuentes came under fire for making the post: “your body, my choice. Forever”.
MSNBC Columnist Ja’han Jones, who has been documenting the spread of toxic masculinity in Trump’s followings, notes that this effect is not limited to America, and instead reflects disturbing global trends it is important to stay vigilant against.

Further Bigotry and Discrimination
Trump’s stance regarding the rights of other minorities, including LGBTQIA+, disabled, and POC individuals, have also been highly worrying.
Recently, Trump’s associations have also reflected his discriminatory and sexist attitudes. Among his other most vocal supporters are billionaire Elon Musk (who donated over $130 million to Trump’s campaign) and podcaster Joe Rogan.
Among other questionable acts and controversies, including past use of racial slurs, the promotion of potentially dangerous conspiracy theories during the COVID-19 pandemic, and the promotion of outdated and misogynistic theories, the openly anti-LGBTQIA+ opinions of these individuals are also well known.
Joe Rogan, for example, has consistently spewed harmful misinformation regarding LGBTQIA+ individuals and steps taken in American jurisdictions to promote equal rights. Similarly, Elon Musk has, alongside other controversies, been criticised for his treatment of his estranged transgender daughter.
The 20-year-old recently went public regarding recent transphobic comments made by Musk about her childhood, calling him out for being unsupportive, absent, and cruel in his treatment of her.
Additionally, Trump’s anti-immigrant fearmongering has shown itself to be largely indiscriminate, targeting anyone who does not fit the stereotypical image of the white American. In the 2024 Vice Presidential Debate, Trump’s running mate JD Vance famously complained about fact checking after falsely claiming that a group of legal Haitian immigrants in Springfield, Ohio had arrived in the country illegally.
In fact, this group of legal immigrants had been the target of a consistent stream of lies designed to fuel racist and aggressive sentiment and division within the community. The only reason for this appears to be their immigrant status and their country of origin. Of course, no such anti-immigration sentiment has ever been directed at those from ‘first-world’ Caucasian countries.
For further information holding Trump and his associates accountable for their hateful and discriminatory behaviour, consider consulting the GLAAD Accountability Project.

Trump’s Followers and a Violent History
The actions of Trump’s followers have also been a cause for concern, especially for minorities worried about their safety.
In 2017, one year after Trump’s first election, white supremacists gathered in the hundreds to march through the University of Virginia campus, chanting “Jews will not replace us” and declaring an intention to “fulfil the promises of Donald Trump because he said he’s going to take our country back.” The violent acts of those gathered had led to at least one death and multiple injuries.
Similarly, in 2020, attempts to overturn the results of the election after Trump’s loss were also dangerous and violent. The crowd attacking officers, vandalised, and looting the Capitol building. Both the Charlottesville Rally and the January 6 Capitol Attack have left lasting scars on the community and highlighted the hate and bigotry at the heart of the alt-right movement.
While charges have been dropped since the results of the 2024 election, Trump has been blamed for inciting both incidents, among others. Due to the use of dogwhistles and a failure to properly denounce the acts of domestic terrorism carried out in his name.
Concerns regarding Trump’s Policies and Potential Trickle-Down Effects
Trump had spent much of his first term undermining rights and protections for women and minorities. Fears have therefore naturally followed that these attempts will continue into his second term, having trickle-down effects internationally and emboldening discriminatory attitudes.
For example, it is no secret that the American Supreme Court’s much-critiqued decision in June 2022 to overturn the Constitutional right to abortion was in part attributable to Trump’s first term. Having promised in 2016 to appoint anti-abortion Supreme Court justices, Trump followed through. The three justices chosen by Trump were part of the 6-3 decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade and decades of precedent.
Having bragged that he is the “guy [who] ended Roe v. Wade”, Trump’s actions towards the right to bodily autonomy has been extremely concerning. His other election promises include undermining civil rights movements and restricting the rights of LGBTQIA+ individuals and restricting access to trans healthcare – issues which may put the lives of many LGBTQIA+ youth at risk.
Sexual harassment and discrimination in Australia
Sexual Harassment in the Workplace and Beyond

These issues are not exclusive to the United States. Sexual harassment and sexual misconduct have been key problems in Australian workplaces and areas of public life. In 2022, the Australian Human Rights Commission (AHRC) found that one in three workers have experienced workplace sexual harassment in the last five years, with most events being repeated and ongoing.
Furthermore, the Commission found that less than one in five (18%) sexual harassment incidents are reported. Indicating no significant change since the same survey took place in 2018.
Of those who made a formal report or complaint about the sexual harassment they had experienced, 40% of workers reported that nothing was done in response to their complaints. Of the reasons for not reporting, belief that it wasn’t serious enough (42%), that it would be easier to keep quiet (38%), or that others would think they were over-reacting (31%) rank among the highest.
Other reasons include the belief that nothing would be done (28%), that the complaint process would be embarrassing or difficult (19%), or that complaining may damage their reputation or career (14%).
While this article mainly focuses on protecting your rights in the workplace, it is important to remember that Australian legislation offers protections in multiple areas of public life. Discriminatory behaviour and sexual harassment is prohibited in education, provision of goods and services, and other such areas, and staying aware of your rights can help you protect yourself and those around you.
What Counts as Sexual Harassment and Discrimination and What Are Your Rights?
Recently, the Sex Discrimination Act 1984 (Cth) has been amended so that employers have a positive duty to prevent sexual harassment and discrimination on the basis of sex in the workplace. These welcome changes take the onus off of employees to report unlawful behaviour by requiring companies to take preventative action.
The focus has thus been shifted to actively preventing sexual harassment and sex discrimination, rather than only acting after such unlawful conduct has already occurred.
This means that companies cannot rely on arguments that a victim did not complain or that they were unaware of the occurrence of discrimination, and holds a company liable where they did not take reasonable steps to prevent the wrongdoing.
While not all companies will meaningfully implement positive steps, and while changes relating to positive duties are less clear where it comes to other forms of discrimination, employers still have a duty to ensure the workplace is safe. Otherwise, they may be vicariously liable for the actions of employees, workers, and agents, or the actions of some third parties towards employees, workers, and agents.
Discrimination, under relevant state and territory statutes, is generally defined as different or less favourable treatment due to a protected attribute. Specific protected attributes may depend on the state or territory in question.
However, all Australian jurisdictions broadly protect race, gender (including transgender status), sex, sexuality, disability, and age, among other attributes. In the case of disability or impairment, discrimination can also entail a failure to make reasonable adjustments for an employee or potential employee.

HR and Adverse Action
Of course, not all employers will fulfil their duties. And individual employees and third parties can often act contrarily to the values a company claims to uphold. It is also important to remember that Human Resources could potentially a good source to direct early inquiries and concerns.
However, ultimately exist to serve the interests of the company instead of the interests of the employee. Additionally, issues may arise depending on the level of experience and knowledge of the HR personnel available.
Depending on the circumstances, complaints may thus be made to the Fair Work Commission via the form F75 (order to stop sexual harassment) or F8 / F8C (General Protections). Alternatively, complaints may be made to relevant human rights and equal opportunity bodies or tribunals.
It is also important to remember your right to make a complaint or inquiry to your employer without facing negative consequence for making the complaint. This manifests in two primary ways. Firstly, the Fair Work Act 2009 (Cth) gives workers a right to make an inquiry or complaint related to their employment without being subject to adverse action.
Per the Act, adverse action includes, among other things, dismissal and injuring the employee in their employment. Here, injury can entail a number of factors, including reduction of wages, demotion, and any circumstance where an employee is “treated substantially differently to the manner in which [they] are ordinarily treated… where that treatment can be seen to be injurious or prejudicial.”
In Farac v Pendal Group Limited [2021] FedCFamC2G 25, it was also determined that inaction can constitute adverse action. Specifically, the “consequence suffered by the particular employee” may be deemed adverse action under the Fair Work Act 2009 where the inaction by the employer leads to further consequences suffered by the employee.
Secondly, state and territory anti-discrimination and equal opportunity laws also prevent victimisation. Victimisation is unlawful and occurs if someone who complained about discrimination or harassment is treated unfairly due to having made a complaint or having provided information related to a complaint.
Overall, you have the right to be treated with respect and dignity in your workplace, and the right to speak up about discrimination and harassment is entrenched in Australian law

Looking ahead – What can Australia do better?
Addressing Positive Duty, Extent of Harm, and Time Limits for Applications
Recently, Australian jurisdictions have taken significant positive steps in addressing the harm caused by discrimination and sexual harassment. Including the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth), in addition to imposing a positive duty on employers to prevent sexual harassment.
These changes include conferring new functions and powers on the Australian Human Rights Commission and extending the time frame for making complaints to the Commission. As such, the time frame for lodging a complaint about unlawful action under any of the four federal discrimination acts was extended to 24 months in 2021. The timer is generally considered to start at the time of the contravention, or, if the contravention constitutes a series of acts, at the time of the last act.
The Albanese Government’s Costs Protection Bill, passed in 2024, has also made important steps in helping victims of sexual harassment and discrimination voice their experiences and seek justice. Similar to the Respect at Work Act 2022, the bill aims to respond to discoveries of the landmark Respect@Work Report, and marks the actioning of “all of the Respect@Work report recommendations”.
Significantly, the bill means that an applicant could not be ordered to pay the costs of the other side in discrimination cases in the Federal Court in a majority of circumstances, and thus seeks to reduce reasons which may deter victims from enforcing their rights.
Other key changes include the expansion of the protections against sexual harassment available under the Fair Work Act 2009 (Cth). The landmark decision of Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 was also notable in raising the bar for compensation where it came to sexual harassment.
The decision marked “a deeper appreciation of the experience of hurt and humiliation that victims of sexual harassment experience and the value of loss of enjoyment of life occasioned by mental illness or distress caused by such conduct” by the courts.
Funding Human Rights and Equal Opportunity Commissions and the Fair Work Commission
However, issues with funding and availability mean that pursuing justice can be difficult for victims of harassment and discrimination. One of the key obstacles faced by complainants are long wait times. This may mean periods of anxiety and fears of retraumatisation, and victims may therefore be hesitant to speak up as a result.
This is largely due to complications involving funding and staffing. Multiple human rights and equal opportunity commissions have noted this issue, including in South Australia, the Northern Territory, Queensland, and Victoria. Other regulatory bodies, such as the Victorian Civil and Administrative Tribunal, have also noted similar problems with resourcing, leading to delays in the processing of claims.

Similarly, sexual harassment claims lodged with the Fair Work Commission have been noted to experience significant delays compared to other claims due to limited resources leading to a limited number of staff receiving the training necessary to deal with such matters.
These issues are ongoing concerns for many in Australia, and will potentially be exacerbated as further funding is withdrawn from these important structures. The Australian Human Rights Commission, for example, is notably experiencing budget cuts and a surge in workload. In 2022, when these cuts were announced, it was estimated that one in three staff at the Commission would lose their jobs.
In taking steps forward and ensuring the rights of all those who reside in Australia are protected, it is necessary that questions of access and efficiency are highlighted and addressed. This becomes even more important where the traumatic experiences of discrimination and sexual harassment are involved.
Conclusion on how to protect your rights this presidential term
Ultimately, throughout Trump’s second term, it is vital to ensure that emboldened perpetrators. Furthermore, those taking advantage of shifts in American politics do not succeed in encouraging and normalising discrimination and sexual harassment. Holding wrongdoers to account helps protect yourself and those around you both now and in the long run.
If you have further questions, or are unsure if you are a victim of sexual harassment or uncertain how to move forward, A Whole New Approach and Sexual Harassment Australia can offer free confidential advice and sexual harassment assistance services that can help you stand against harassment and discrimination.
You have the right to work in a safe and comfortable workplace. Contact us at 1800 333 666 or email mediate@awna.com.au for a free consultation.
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