What is unlawful harassment?

Updated September 2026

Workplace harassment can include unwelcome behaviour that intimidates, humiliates or offends someone because of a characteristic protected by law, such as race, sex, disability or sexual orientation. Sexual harassment is a specific form of unlawful conduct.

Whether behaviour is unlawful depends on the conduct, the circumstances and the legislation that applies. Federal, state and territory laws provide different protections and legal tests. See the Australian Human Rights Commission’s guide to Australian discrimination laws.

What behaviour may constitute unlawful harassment?

Depending on the circumstances, examples include:

• Telling insulting jokes or making derogatory comments about someone’s race, ethnicity, disability or sexual orientation.
• Sending unwelcome sexually explicit or suggestive emails, messages or images.
• Displaying offensive sexual material in the workplace or sharing it through workplace communication platforms.
• Making unwanted sexual advances or requests for sexual favours.
• Asking unwelcome, intrusive questions about someone’s sex life or body.

Harassment can occur in person, online or through work-related communications. Sexual harassment does not need to be repeated—a single incident can be unlawful. Read the Australian Human Rights Commission’s guidance on work-related sexual harassment.

What is a hostile workplace environment?

Under the Sex Discrimination Act 1984 (Cth), it is also unlawful to subject someone to a workplace environment that is hostile on the ground of sex.

Sexual or sexist comments, offensive jokes and the display or circulation of sexually explicit material can contribute to such an environment. The behaviour does not have to be directed at a particular person. See the Fair Work Ombudsman’s guidance on hostile workplace environments.

What must employers do to prevent harassment?

Employers and persons conducting a business or undertaking have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate, as far as possible, work-related sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments on the ground of sex and related victimisation.

This requires proactive prevention, rather than only responding when a complaint is made. Read the Australian Human Rights Commission’s positive duty guidance.