What is sexual harassment at work and what are my rights?
Sexual harassment at work involves unwelcome conduct of a sexual nature that a reasonable person would anticipate could offend, humiliate, or intimidate. You have rights under Australian federal and state laws to a workplace free from harassment, and can report incidents internally or externally.
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How it works in practice
Defining Sexual Harassment at Work
Sexual harassment at work refers to any unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated. This conduct is considered harassment if a reasonable person, having regard to all the circumstances, would anticipate that possibility. It can include a wide range of behaviours, from inappropriate comments and jokes to physical contact or sexually suggestive emails and messages. It does not have to be repeated; a single incident can constitute sexual harassment.
Your Rights Under Australian Law
In Australia, employees are protected from sexual harassment under federal legislation, primarily the Sex Discrimination Act 1984, and state/territory anti-discrimination laws. The Fair Work Act 2009 also provides protections, allowing for stop bullying orders and general protections claims if you are dismissed or treated adversely due to experiencing or reporting harassment. Employers have a legal obligation to take reasonable steps to prevent sexual harassment and to respond appropriately when it occurs. You have the right to a safe work environment free from such conduct, and to report incidents without fear of victimisation.
Important exceptions
Not all interactions of a sexual nature constitute harassment; the key is that the conduct is unwelcome and a reasonable person would foresee the impact. Casual, consensual banter or relationships are not harassment, but if one party's behaviour becomes unwelcome, it can cross the line. The definition also extends to third parties, such as clients or customers, if the employer fails to take reasonable steps to protect employees. Proving sexual harassment can be challenging if there is no corroborating evidence or witnesses.
What you should do now
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Document all incidents of harassment, including dates, times, locations, what happened, who was involved, and any witnesses.
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If safe and comfortable, clearly tell the harasser their conduct is unwelcome and must stop. You can do this in writing.
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Report the incident to your manager, HR department, or a designated contact person within your organisation, following internal policies.
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Seek external advice from organisations like the Australian Human Rights Commission, Fair Work Commission, or a legal professional.
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Consider lodging a formal complaint with the appropriate external body if internal processes are unsatisfactory or unavailable.
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