What constitutes sexual harassment?

What is sexual harassment?

Sexual harassment involves unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature where a reasonable person, considering all the circumstances, would anticipate the possibility that the person affected would feel offended, humiliated or intimidated.

Does sexual harassment have to happen more than once?

Workplace sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth). A single incident can constitute sexual harassment—the behaviour does not need to be repeated. Sexual interaction, flirtation or friendship that is freely welcomed and consensual is not sexual harassment.

Can sexual harassment occur outside the workplace?

These protections extend beyond the physical workplace and normal working hours. They can apply to work-related training, conferences, travel, social functions and online interactions. See the Australian Human Rights Commission’s guidance on work-related sexual harassment.

What are examples of sexual harassment?

Examples of behaviour that may constitute sexual harassment include:

• Unwelcome touching, hugging, kissing or other physical contact.
• Inappropriate staring or leering.
• Sexual comments, jokes, insults or gestures.
• Repeated or inappropriate invitations to go on dates.
• Requests for sexual favours or pressure to engage in sexual acts.
• Intrusive questions about someone’s private life or body.
• Unwelcome sexual advances through email, messaging or social media.
• Displaying or sharing sexually explicit pictures, posters, gifts or messages.
• Indecent exposure.

What is a hostile workplace environment on the ground of sex?

It is also unlawful to subject someone to a workplace environment that is hostile on the ground of sex. Sexual or sexist jokes, crude conversations and the display of pornographic material can contribute to such an environment, even when the behaviour is not directed at a particular person. See the Fair Work Ombudsman’s guidance.

What must employers do to prevent workplace sexual harassment?

Employers also have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible, workplace sexual harassment and related unlawful conduct. Responding to complaints alone is not enough.

Can sexual harassment be a criminal offence?

Some conduct may also constitute a criminal offence, including sexual assault, stalking and indecent exposure.