What Is Sex-Based Harassment

What is sex-based harassment in Australian workplace law? It has several elements, and each does work.

The conduct must be unwelcome. It must be of a seriously demeaning nature, which sets the threshold above rudeness or a single sharp comment. It must be directed at the person by reason of their sex, or by reason of a characteristic that generally appertains to or is imputed to people of that sex. And it must occur in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person would be offended, humiliated or intimidated.

The last element is objective, so the conduct is not judged only on how the person receiving it felt or on what the person doing it intended.

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

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