What is sexual harassment?

Sexual harassment is any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated or intimidated.

Sexual harassment is not interaction, flirtation or friendship which is mutual or consensual.

Sexual harassment is a type of sex discrimination.

The Sex Discrimination Act 1984 (Cth) makes sexual harassment unlawful in some circumstances.

Despite being outlawed for over 25 years, sexual harassment remains a problem in Australia.

Sexual harassment disproportionately affects women with 1 in 5 experiencing sexual harassment in the workplace at some time. However, 1 in 20 men also report experiencing sexual harassment in the workplace.[1]

^Top

Identifying sexual harassment

Sexual harassment can take many different forms – it can be obvious or indirect, physical or verbal, repeated or one-off and perpetrated by males and females against people of the same or opposite sex.

3 men behind a women

Sexual harassment may include:

  • staring or leering
  • unnecessary familiarity, such as deliberately brushing up against you or unwelcome touching
  • suggestive comments or jokes
  • insults or taunts of a sexual nature
  • intrusive questions or statements about your private life
  • displaying posters, magazines or screen savers of a sexual nature
  • sending sexually explicit emails or text messages
  • inappropriate advances on social networking sites
  • accessing sexually explicit internet sites
  • requests for sex or repeated unwanted requests to go out on dates
  • behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

^Top

In what circumstances is sexual harassment unlawful?

The Sex Discrimination Act makes it unlawful for a person to sexually harass another person in a number of areas including employment, education, the provision of goods and services and accommodation.

Of all the complaints received by the Commission under the Sex Discrimination Act in 2009-10, 1 in 5 related to sexual harassment. Our Complaints Register contains complaints conciliated and finalised under the Sex Discrimination Act.

^Top

Sexual harassment in the workplace

Every year, sexual harassment in the workplace is one of the most common types of complaints received by the Commission under the Sex Discrimination Act. In 2009 – 2010, 21% of all complaints to the Australian Human Rights Commission were under the Sex Discrimination Act, and 88% of those complaints related to sex discrimination in the workplace. The wide use of new technologies such as mobile phones, email and social networking websites creates new spaces where sexual harassment may occur.

Sexual harassment at work is against the law. Sexual harassment can be committed by an employer, workmate or other people in a working relationship with the victim.

Sexual harassment can be a barrier to women participating fully in paid work. It can undermine their equal participation in organisations or business, reduce the quality of their working life and impose costs on organisations[2].

Refer the Australian Human Rights Commission for more information https://www.humanrights.gov.au/our-work/sex-discrimination/guides/sexual-harassment

 

Worldpeacefull Employment offers workplaces and communities the following process:

1.