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.
![Overview Overview](https://womenbuildingnsw.com.au/wp-content/uploads/2024/04/Sexual-harassment-in-the-workplace-2.png)
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.
![Legal framework and employer responsibilities Legal framework and employer responsibilities](https://womenbuildingnsw.com.au/wp-content/uploads/2024/04/Employer-Responsibilities.jpg)
Legal framework and employer responsibilities
Sexual harassment is prohibited under the Sex Discrimination Act 1984 (Cth) and is also considered a workplace hazard under Work Health and Safety (WHS) laws. As such, employers (the Person Conducting a Business or Undertaking – PCBU) have a duty to ensure the health and safety of employees, contractors, and visitors, including safeguarding against sexual harassment.
Employers must address the risk of sexual harassment akin to any other workplace hazard, aiming to eliminate or reduce it reasonably. They should establish measures, policies, and procedures to prevent, address, and manage instances of sexual harassment, which includes offering information, training, and a clear process for reporting incidents confidentially.
Employees’ responsibilities
As employees, individuals are responsible for maintaining their safety and not compromising the safety of others. This involves refraining from sexually harassing colleagues or others within the workplace. Following employer instructions regarding health and safety, which includes adhering to policies aimed at preventing sexual harassment, is crucial.
Employees also have the right to refuse or cease work under serious and immediate risks. If unsafe work conditions arise, employees have the right to report these concerns to employers or Health and Safety Representatives (HSRs) without fear of discrimination or reprisal.
![Employees-Responsibilities Employees’ responsibilities](https://womenbuildingnsw.com.au/wp-content/uploads/2024/04/Employees-Responsibilities.jpg)
Seeking further support
Employees can refer to the Australian Human Rights Commission for resources delineating their rights under the Sex Discrimination Act 1984. This includes guidance on understanding and addressing sexual harassment in the workplace. Additional resources are available through the Commission’s website and other 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
Safe Work Australia Workplace sexual harassment – advice For workers
Safe Work Australia Dealing with workplace bullying – a worker’s guide
Fair Work Ombudsman on Dealing with workplace bullying, sexual harassment and discrimination as a young person
Fair Work Commission on Sexual harassment
Australian Human Rights Commission Recognising and responding to sexual harassment in the workplace: Information for employees
Australian Human Rights Commission Getting to Know the Sex Discrimination Act: A guide for young women
Comcare Harassment including sexual harassment
Respect@Work For individuals