Workplace harassment is unwelcome conduct that intimidates, offends, humiliates, or creates a hostile work environment.
Legislation: Sex Discrimination Act 1984; State/Territory Legislation | Category: Workplace Conduct
What is Harassment?
Workplace harassment is unwelcome conduct that intimidates, offends, humiliates, or creates a hostile work environment. While often associated with sexual harassment, harassment can be based on any protected attribute such as race, disability, age, or religion. It is prohibited under anti-discrimination legislation and can also breach work health and safety duties.
Harassment can include offensive jokes or comments, displaying offensive material, unwelcome physical contact, repeated unwanted social invitations, intimidating behaviour, or singling someone out for unjustified criticism. A single serious incident can constitute harassment.
Key Compliance Points for Employers
- Since September 2021, employers have a positive duty to take reasonable steps to eliminate harassment, not just respond to complaints
- The test for harassment is objective — whether a reasonable person would anticipate the conduct would cause offence or humiliation
- Employers can be vicariously liable for harassment by employees unless reasonable precautions were taken
- Policies, training, and accessible complaints processes are essential preventive measures
- Swift investigation and response when complaints are made demonstrates reasonable steps
Frequently Asked Questions
What is Harassment?
Workplace harassment is unwelcome conduct that intimidates, offends, humiliates, or creates a hostile work environment.
Why is Harassment important for employers?
Understanding harassment helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
