Understanding Sexual Harassment In The Workplace

Understanding sexual harassment in the workplace usually requires unlearning four assumptions. Each sounds reasonable and each is wrong under the test that applies.

That intention matters. It does not. The test asks whether the conduct was unwelcome and whether a reasonable person would have anticipated the possibility of offence, humiliation or intimidation.

That silence means it was fine. People do not object when the other person controls their shifts, their probation or their reference. Laughing along is often the least costly response available.

That it has to be repeated. Bullying requires repetition. Sexual harassment does not, and a single incident can be unlawful.

That it must involve seniority. It can occur between peers, from a junior person, or from a client.

The Australian Human Rights Commission sets out the legal test. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course and course for managers.