Sexual harassment

Sexual harassment includes a range of behaviours where someone makes unwelcome sexual advances or comments. It's not just about physical actions, it can also be verbal or non-verbal, like making suggestive remarks or jokes or inappropriate staring. It is sexual harassment if a reasonable person, considering all the circumstances, would have anticipated the possibility that the person on the receiving end would feel offended, humiliated or intimidated.

Employer duties to prevent sexual harassment

Sexual harassment at work is unlawful under the Sex Discrimination Act 1984 and the Fair Work Act. Employers have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, and the Australian Human Rights Commission can enforce it. A worker can also apply to the Fair Work Commission to deal with sexual harassment. Some conduct, such as assault or stalking, may also be a crime under state law. For example, a clear policy, regular training and a safe way to report concerns are basic steps every employer should take.

Read our guide to workplace harassment, and see our HR policies and procedures.