what is sexual harassment at work

What is sexual harassment at work in terms of who the law protects? The coverage reaches well beyond people on the payroll, and the groups outside it are the least likely to report.

Protection commonly extends to employees, but also to contractors and subcontractors, labour hire workers, commission agents, apprentices and trainees, work experience students and volunteers in many settings, and to job applicants during recruitment.

That last group is worth pausing on. A candidate harassed during an interview process has no ongoing relationship to protect and every reason to walk away rather than complain, so the conduct is almost never reported.

For an employer the practical implication is scope. If your policy, training and reporting routes cover employees only, a large part of the people you are responsible for cannot use them.

The Australian Human Rights Commission covers who is protected. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s sexual harassment course and EEO training course.