Uninvited Sexual Conduct Directed At Another Person

Uninvited sexual conduct directed at another person is assessed from the position of the person it was aimed at. Intention is not part of the test.

That single point accounts for most of the misunderstanding. It does not matter that it was meant as a compliment, that others in the team found it funny, or that nobody objected at the time.

Nor does silence establish that conduct was welcome. People often do not object because the other person controls their shifts, their probation, their visa or their next contract. Laughing along is frequently the least costly response available in the moment.

The conduct itself is broader than physical contact. Remarks about appearance, repeated requests after a refusal, sexual images in a group chat and intrusive questions all fall within it.

The Australian Human Rights Commission sets out the legal test. This is general information rather than legal advice.

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