What Is Sexual Harassment

What is sexual harassment in Australian law? The Sex Discrimination Act sets a three-part test, and it is narrower and more objective than most people assume.

• The conduct is unwelcome. Judged from the position of the person it was directed at, not the person doing it.
• It is of a sexual nature. This includes remarks, images, messages and requests, not only physical contact.
• A reasonable person would anticipate the possibility that the person would be offended, humiliated or intimidated.

What is not in the test is intention. It does not matter that it was meant as a joke, that others found it funny, or that nobody complained at the time. That single point accounts for a large share of matters that employers lose.

The Australian Human Rights Commission explains the positive duty that now sits alongside this. This is general information rather than legal advice.

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