Overview
These actions need not be specifically directed at a person; sexual harassment can encompass an uncomfortable or hostile sexual environment within the workplace. This might involve sexually explicit materials, suggestive jokes, or an overall culture that feels sexually inappropriate.
Instances of workplace sexual harassment can occur during work hours, work-related events, training, conferences, or social activities associated with work. It can stem from employees, managers, customers, or clients.
Sexual harassment can include:
- Unwelcome touching, hugging, cornering or kissing
- Inappropriate staring or leering
- Sexual gestures, indecent exposure or inappropriate display of the body
- Sexually suggestive comments or jokes
- Sexually explicit pictures, posters or gifts
- Repeated or inappropriate invitations to go out on dates
- Intrusive questions about a worker’s private life or physical appearance
- Inappropriate physical contact
- Being followed, watched, or someone loitering nearby
- Requests or pressure for sex or other sexual acts
- Actual or attempted rape or sexual assault
- Indecent phone calls, including leaving sexually explicit messages on voicemail or an answering machine
- Sexually explicit comments made in emails, SMS messages or on social media
- Repeated or inappropriate advances on email, social networking websites or Internet chat rooms
- Sharing or threatening to share intimate images or film without consent
- Any other unwelcome conduct of a sexual nature that occurred online or via some form of technology.
Understanding and addressing sexual harassment in the workplace
Sexual harassment poses serious physical and psychological risks in the workplace. Employers are responsible for managing this risk like any other workplace hazard. This involves adopting a proactive risk management approach to minimise or eliminate risks reasonably.
Employers play a pivotal role in creating a safe and respectful workplace by adhering to these steps and promoting a culture that prevents and addresses sexual harassment effectively. Referring to external resources and authorities can further aid in managing and preventing these risks.
Employer Duties:
As an employer, there are essential steps to handle sexual harassment risks effectively:
Risk identification and control measures
Identify potential scenarios and locations where sexual harassment could occur. Assess the likelihood of harassment and its potential impact on workers’ well-being. Implement effective control measures to prevent and address such instances.
Consultation and collaboration
Engage in open discussions with workers and Health and Safety Representatives (HSRs), if applicable, to collectively address sexual harassment concerns. Consultation fosters a shared understanding and cooperative approach to minimise risks.
Criminal acts and reporting
Recognize that certain forms of sexual harassment may constitute criminal acts. Address these appropriately by reporting to law enforcement while managing them within workplace health and safety (WHS) laws.
Notification and compliance
Depending on the gravity, notify the relevant WHS regulator about incidents, adhering to notification requirements. Additionally, consider seeking guidance and support from external agencies to manage risks effectively.
Compliance with anti-discrimination laws
Acknowledge and adhere to anti-discrimination laws prohibiting sexual harassment in any workplace. Resources from the Australian Human Rights Commission provide guidance in fulfilling legal obligations.
Steps to prevent workplace sexual harassment
Employers, particularly in small businesses, can take the following actions to manage and prevent sexual harassment risks:
Create a safe environment
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Ensure physical and online work areas are secure, well-lit, and equipped with adequate surveillance. Avoid restrictions that impede movement or visibility, and provide facilities promoting privacy and safety.
Implement safe procedures
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Regularly communicate with remote or home-based employees regarding workplace policies and expected behaviour standards. Address imbalances and lack of diversity in the workplace and provide adequate training for handling challenging situations.
Cultivate a respectful culture
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Establish clear standards of behaviour that ensure a safe workplace for all employees. Educate everyone about sexual harassment and convey a zero-tolerance policy, including interactions with customers and clients.
Develop workplace policies
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Create simple, comprehensive policies outlining strategies to prevent and respond to sexual harassment. Communicate these policies to all employees, offering guidance on reporting procedures and available support services.
Information dissemination and training
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Ensure all employees comprehend workplace policies and legalities around sexual harassment. Conduct training sessions emphasising recognition, response, and reporting of sexual harassment.
Address early signs
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Act promptly against early signs of offensive behaviour to prevent escalation. Encourage employees to address such behaviour promptly and offer guidance on appropriate actions.
Encourage reporting
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Establish multiple accessible avenues for reporting sexual harassment—informally, formally, anonymously, or confidentially. Ensure employees know how to report and are aware of available support services.
Prompt response
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Respond promptly and effectively to reported cases of sexual harassment. Prioritise the affected individual's preferences regarding how they wish to address the matter, maintain confidentiality, and ensure fairness throughout the process.
Open communication
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Engage employees and stakeholders to identify potential hazards and solutions for sexual harassment risks. Employees have the right to refuse or cease unsafe work under specific conditions and should be informed accordingly.
Support services
1800 Respect
ReachOut
Sexual assault support services
www.humanrights.gov.au/our-work/sex-discrimination/list-sexual-assault-services
Women Building Australia support helpline
Useful links
SafeWork NSW Respect at work
SafeWork NSW Violence in the workplace guide
SafeWork NSW Bullying (a psychosocial hazard)
SafeWork NSW Bullying prevention kit
SafeWork NSW Host employer in a labour hire arrangement
Safe Work Australia Guide for preventing and responding to workplace bullying
Safe Work Australia Preventing workplace sexual harassment – guidance for small business
Safe Work Australia Bullying
Safe Work Australia Resource hub
Safe Work Australia Model Code of Practice: Sexual and gender-based harassment
Fair Work Ombudsman on Bullying in the workplace
Fair Work Ombudsman on Help with bullying in the workplace
Fair Work Ombudsman on Sexual harassment in the workplace
Fair Work Commission on Sexual harassment
Australian Human Rights Commission The Positive Duty Under The Sex Discrimination Act
Comcare Harassment including sexual harassment
Respect@Work For organisations
Respect@Work Resource Hub