Quick Answer
How do you identify, prevent and respond to sexual harassment at work? Identify it by knowing what counts as sexual harassment and watching for signs such as workers avoiding a colleague, requests to change shifts or sexual “jokes” being shared. Prevent it with a clear policy, regular training, safe reporting channels and active monitoring. Respond by acting promptly, supporting the person affected, investigating fairly and taking proportionate action. Australian employers also have a positive duty to prevent it.
In this guide
Sexual harassment in the workplace is a serious issue that can have a detrimental effect on both employees and the organisation. Employers need to understand how to identify, prevent, and respond to sexual harassment to create a safe and healthy work environment for all employees.
Identify Sexual Harassment In The Workplace
Sexual harassment is defined as any unwanted or unwelcome sexual advances, requests for sexual favours, or other unwelcome conduct of a sexual nature where a reasonable person may be offended, humiliated or intimidated. This can include, but is not limited to, sexual advances, verbal, non-verbal, visual, online or physical harassment.
Spotting the signs matters because most people do not report. According to the Australian Human Rights Commission’s 2022 national survey, one in three Australian workers has experienced sexual harassment at work in the past five years. Fewer than one in five people who experienced it (18%) made a formal report or complaint.
Some signs that sexual harassment may be occurring in the workplace include:
- An employee who has been the target of sexual harassment reports feeling uncomfortable, intimidated, or degraded by the conduct.
- An employee who has been the target of sexual harassment reports experiencing a change in their work conditions or treatment because of the harassment.
- An employee who witnesses sexual harassment reports feeling uncomfortable or intimidated by the conduct.
- Employees who are aware of sexual harassment report feeling afraid or intimidated by the alleged harasser.
Examples of sexual harassment at work
Sexual harassment can take many forms. The table below shows common examples and the warning signs a manager may notice. One sign alone does not prove harassment, but it is a cue to check in privately.
| Type | Examples | Possible warning signs for managers |
|---|---|---|
| Verbal | Sexual jokes, comments about someone’s body or sex life, repeated requests for dates | A worker avoids a colleague, or the room goes quiet when a particular person joins |
| Non-verbal and visual | Staring or leering, sexual gestures, displaying sexual images | Complaints about a team’s “culture”, or people changing desks or routes to avoid someone |
| Physical | Unwelcome touching, brushing against someone, hugging or kissing without consent | Sudden requests to change shifts or stop working with a particular person |
| Online | Sexual messages, images or comments sent by text, email, social media or chat tools | Staff mention “banter” in group chats, or a worker becomes anxious about checking messages |
| Quid pro quo | Offering a promotion, shifts or other benefits in exchange for sexual favours (see quid pro quo harassment) | Unexplained favouritism, or a worker missing out after turning down an invitation |
| Sex-based harassment | Demeaning comments or “jokes” about a person’s sex (see sex-based harassment) | Repeated complaints about tone, or one gender being left out of work events |
Preventing Sexual Harassment In The Workplace
There are several steps that employers can take to prevent sexual harassment in the workplace. These include:
- Developing and implementing a clear and detailed anti-harassment policy.
- Providing regular training to all employees on the company’s anti-harassment policy and their rights and responsibilities under the policy.
- Creating a confidential and accessible process for employees to report harassment.
- Following through on harassment complaints promptly and thoroughly, with appropriate disciplinary action taken as necessary.
- Regularly monitor the workplace for signs of sexual harassment and act as necessary.
Not sure where the line sits between a policy and a reasonable step? Our free webinar with Mills Oakley sets out what positive duty looks like in practice.
Prevention is also a legal duty. Since 12 December 2022, employers have had a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment as far as possible. The Australian Human Rights Commission has been able to enforce that duty since 12 December 2023. Sexual harassment is also a psychosocial hazard that employers must manage under WHS laws.
Responding to Sexual Harassment In The Workplace
When sexual harassment does occur in the workplace, employers need to take swift and appropriate action to address the issue. This can include:
- Investigating the complaint of sexual harassment in a thorough and timely manner.
- Provide support and protection to employees who have been harassed, including offering them a safe work environment and accommodations as necessary.
- Taking disciplinary action against the individual or individuals responsible for the harassment, up to and including termination of employment.
- Reviewing and revising the company’s anti-harassment policies and procedures to prevent future sexual harassment.
For a step-by-step process, see our guide on how to investigate a sexual harassment complaint. Supervisors and managers carry specific responsibilities too, covered in the duty of a supervisor and manager to eliminate sexual harassment.
FAQs
1. What are the signs of sexual harassment in the workplace?
Signs include a worker who seems uncomfortable around or avoids a particular colleague, sudden requests to change shifts or teams, a drop in attendance or performance, sexual jokes or images being shared, and talk of “banter” that makes others uneasy. One sign alone does not prove harassment, but it is a cue to check in privately.
2. What counts as sexual harassment under Australian law?
Under the Sex Discrimination Act 1984, sexual harassment is an unwelcome sexual advance, an unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, where a reasonable person would anticipate the possibility that the person harassed would be offended, humiliated or intimidated. A single incident can be enough.
3. Do employers have a legal duty to prevent sexual harassment?
Yes. Since 12 December 2022, employers have had a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment and related conduct as far as possible. WHS laws also require employers to manage the risk of sexual harassment as a psychosocial hazard.
4. What should a manager do if they see or hear about sexual harassment?
Act straight away. Check the person is safe, listen without judging, write down what you were told, explain the options and report it under your policy. Do not wait for a formal complaint, and get advice before trying to resolve it informally between the people involved.
5. Can sexual harassment happen outside the workplace or online?
Yes. Where the conduct is connected to work, it can happen at work functions, conferences, on work trips and through texts, emails, social media or chat tools. Your policy and training should cover these settings, not just the office or worksite.
Conclusion
Sexual harassment is a serious issue that can have a detrimental effect on both employees and the organisation. Employers must take steps to identify, prevent and respond to sexual harassment to create a safe and healthy work environment for all employees.
Regular training, creating a confidential and accessible process for employees to report harassment, and taking disciplinary action as necessary are all key steps that can be taken to prevent sexual harassment in the workplace. It is important to create a culture of respect where everyone is held accountable for their actions and feels safe to speak up and report any misconduct.
Sources
Australian Human Rights Commission: Positive duty under the Sex Discrimination Act
Safe Work Australia: Psychosocial hazards
Last reviewed: October 2026
