Sexual Harassment And Bullying In The Workplace
Sexual harassment and bullying in the workplace frequently appear in the same complaint, and are often pushed through the same process. Three differences matter.
Repetition. Bullying requires repeated behaviour. Sexual harassment does not. A single incident can be unlawful, so waiting for a pattern is the wrong instinct.
The legal basis. Sexual harassment is unlawful under anti-discrimination law and carries the positive duty. Bullying is primarily a safety and Fair Work matter. The pathways, remedies and timeframes differ.
Reasonable management action. This can answer a bullying allegation. It has no application to sexual harassment.
Where a complaint contains both, the sexual harassment element sets the standard for how the whole matter is handled, because it is the more demanding of the two. The Fair Work Ombudsman and Safe Work Australia cover the related duties. This is general information rather than legal advice.
See Sentrient’s sexual harassment course and workplace bullying course.
Brave Leaders Stand Up to Sexism and Bullying Behaviour
The New York Times recently published an article about Alexandria Ocasio-Cortez where she took to the House floor to read into the Congressional Record a sexist vulgarity that Representative Ted Yoho, a Florida Republican, had used to refer to her. It was reported that Ms Ocasio-Cortez had several others who shared stories where they had […]
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