Sex-Based Harassment

Sex-based harassment is regularly treated as another way of saying sexual harassment. Under Australian federal discrimination law they are separate prohibitions.

Sexual harassment involves unwelcome conduct of a sexual nature. Harassment on the ground of sex does not require anything sexual at all. It involves unwelcome conduct of a seriously demeaning nature directed at a person by reason of their sex.

That distinction matters practically. Conduct that demeans someone because of their sex, without ever being sexual, sits outside how most workplace policies and most training describe harassment. Complaints of this kind are frequently assessed against the wrong test and dismissed.

The positive duty to take reasonable and proportionate measures to eliminate this conduct as far as possible covers both, so a policy that only addresses the sexual variety is incomplete.

The Australian Human Rights Commission publishes guidance for employers. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course and respect at work training.