Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate would cause offence.
Legislation: Sex Discrimination Act 1984; Fair Work Act 2009; State/Territory Legislation | Category: Workplace Conduct
What is Sexual Harassment?
Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate would make someone feel offended, humiliated, or intimidated. It can include physical contact, sexually suggestive comments or jokes, requests for sexual favours, displaying sexual images, sending sexual messages, or making sexual gestures.
Sexual harassment is prohibited under the Sex Discrimination Act, state and territory anti-discrimination legislation, and (since March 2023) the Fair Work Act, which allows sexual harassment claims to be brought to the Fair Work Commission. Employers have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment.
Key Compliance Points for Employers
- The positive duty requires proactive action, not just responding to complaints
- Single incidents can constitute harassment if sufficiently serious
- Employers can be vicariously liable for harassment by employees unless reasonable precautions were taken
- The Australian Human Rights Commission can investigate compliance with the positive duty
- Effective prevention requires policies, training, reporting mechanisms, and leadership commitment
Frequently Asked Questions
What is Sexual Harassment?
Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate would cause offence.
Why is Sexual Harassment important for employers?
Understanding sexual harassment helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
