What Is Workplace Sexual Harassment Under Australian Law
What is workplace sexual harassment under Australian law? The definition has three moving parts and each one matters.
The conduct must be unwelcome. It must be of a sexual nature, which covers words as well as physical conduct. And it must occur in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
That third element is objective. It is not decided by how the person receiving it says they felt, and it is not decided by what the person doing it says they meant.
A single incident can meet the definition. Nothing in the test requires a pattern of behaviour, or a complaint made at the time.
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.
Understanding Workplace Sexual Harassment: What Constitutes Unacceptable Behaviour?
Workplace sexual harassment continues to be a significant challenge for Australian organisations despite increased awareness and stronger legislation. Many employees experience inappropriate behaviour that goes unaddressed – either because they don’t recognise what constitutes harassment or because workplace culture discourages reporting. This comprehensive guide unpacks what sexual harassment looks like in Australian workplaces, the legal […]
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