Harassment including sexual harassment

These characteristics could be a person’s age, disability, race, nationality, religion, political affiliation, sex, relationship status, family or carer responsibilities, sexual orientation, gender identity or intersex status.

Some examples of harassment in a workplace include:

• offensive jokes about people from particular racial or religious groups
• insulting comments about someone’s disability
• taunting someone because of their age
• sexual harassment
• gender-based harassment.

Harassment can include harmful behaviours that don’t amount to bullying (because they are not repeated) but create a risk to health or safety.

Sexual and gender-based harassment

Sexual harassment is any unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature, in circumstances where a reasonable person, having regard to all the circumstances, would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.

Some examples of sexual harassment include:

• unwelcome touching, hugging or kissing
• sexually suggestive jokes
• sexually explicit posters
• repeated invitations to go on dates
• sexually explicit comments on social media or in emails.

Sexual or gender-based harassment is any unwelcome conduct of an offensive or demeaning nature because of the person's gender, sex, or sexuality, in circumstances in which a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. These kinds of behaviours could include insults or abuse because of someone’s sex or gender identity, and intimidation or violence because of someone’s sexuality.

Effects of harassment

Harassment can cause harm to the person or group it is directed at, as well as people who are exposed to or witness the harassment (e.g. they hear a conversation or rumours, or see sexually explicit posters in the workplace).

Harm can be psychological – for example causing stress, depression or post-traumatic stress disorder. It can also be physical, contributing to issues like cardiovascular disease, musculoskeletal disorders, gastrointestinal disorders, and immune disorders.

Some workers may be at greater risk of harassment and may also be reluctant to seek support. People in this situation could include young workers, Aboriginal and Torres Strait Islander workers, workers with a disability, those whose first language is not English and workers who are LGBTIQA+ or who do not conform to traditional gender stereotypes.

Workplace factors that can increase the likelihood of harassment

There may be an increased risk of harassment in workplaces where:

• inappropriate behaviour is accepted (e.g. crude jokes or sexual innuendo are part of the culture)
• one gender has most of the of management and decision-making positions or there is a strict hierarchy (e.g. police, medical or legal organisations)
• work activities involve alcohol, or regular travel, conferences and social events
• workers are isolated, remote or in restrictive spaces like cars, and so have limited supervision or restricted access to support
• workers work from home, so covert phone or online harassment may be easier
• workers interact with customers (face to face, by phone or online)
• leaders have a poor understanding of the drivers and impacts of harassment.

Other laws

In addition to your WHS duties, other laws may also apply to issues relating to harassment, including workplace relations, criminal, anti-discrimination, privacy and workers’ compensation laws.

Under the Sex Discrimination Act 1984 (SDA) organisations and businesses have a positive duty to eliminate, as far as possible:

• sex discrimination in a workplace context
• sexual harassment in connection with work
• sex-based harassment in connection with work
• conduct that amounts to subjecting a person to a hostile work environment on the grounds of sex, and
• certain acts of victimisation.

For more information see the positive duty in the Sex Discrimination Act (Australian Human Rights Commission).

The obligations under the SDA apply in addition to the existing WHS duties of a PCBU. While there are similarities between duties under the SDA and WHS laws, the duties are different. Complying with the SDA requirements alone will not necessarily ensure that you are meeting your WHS duties.

Resources

• Workplace sexual harassment: Practical guidance for workers (PDF, 4.1 MB)
• Workplace sexual harassment: Practical guidance for managers and supervisors (PDF, 4.2 MB)
• Workplace sexual harassment: Practical guidance for employers (PDF, 4.1 MB)
• Referral pathways for sexual harassment in the workplace (PDF, 807.4 KB)
• Regulatory guidance for employers on their work health and safety responsibilities (PDF, 1.7 MB)
• Systems for Respect: Interventions to reduce workplace sexual harassment (PDF, 1.6 MB)
• Systems for Respect: Interventions to reduce workplace sexual harassment summary (PDF, 1.6 MB)
• Good work design
• Make an enquiry: Respect@Work Information Service (Australian Human Rights Commission)