What is and isn’t considered sexual harassment in the workplace?

Sexual harassment in the workplace is a serious issue that can have a detrimental effect on an individual’s mental and physical well-being, as well as their career. It is defined as any unwanted or unwelcome sexual advances, comments, gestures, or physical contact that is offensive or makes an individual feel uncomfortable.

Types of sexual harassment

There are several types of sexual harassment that can occur in the workplace, including verbal, nonverbal, and physical. Verbal sexual harassment can include comments about an individual’s appearance, sexual innuendos, or unwanted advances. Nonverbal sexual harassment can include gestures, such as leering or staring, or displaying sexually explicit material. Physical sexual harassment can include unwanted touching, kissing, or any other form of physical contact.

Here are five examples of scenarios that may constitute as sexual harassment in the workplace:

• A co-worker makes explicit sexual comments or jokes.
• A manager or supervisor makes unwanted advances or propositions.
• An employee is repeatedly asked about their dating life or sexual experiences.
• A co-worker makes gestures or facial expressions with sexual connotations.
• A co-worker or supervisor repeatedly sends unwanted emails or text messages with sexual content.

It’s important to note that these are just a few examples, and that sexual harassment can come in many forms, subtle or otherwise. It’s important to trust your instincts and if you feel that you are being harassed, speak to a supervisor or human resources representative.

What isn’t considered sexual harassment in the workplace?

Not all behaviour in the workplace is considered sexual harassment. It’s important to understand the difference between behaviour that is acceptable and behaviour that is not. Some examples of behaviour that is not considered sexual harassment include:

• Verbal abuse: This can include yelling, swearing, or making derogatory or insulting comments to or about an employee.
• Racial or Ethnic Harassment: This can include making derogatory comments or jokes about an employee’s race or ethnicity or making assumptions about an employee based on their race or ethnicity.
• Discrimination: This can include treating an employee differently from others based on their age, gender, sexual orientation, religion, or other characteristic protected by law.
• Bullying: This can include repeated and intentional actions that intimidate or demean an employee, such as spreading rumours, excluding an employee from work activities, or making threats.
• Retaliation: This can include taking negative action against an employee for complaining about harassment or discrimination, or for supporting someone else’s complaint.

Examples of non-sexual harassment may violate anti-discrimination and anti-harassment laws in Australia if severe and persistent, creating a hostile work environment. If you believe that you have been harassed or discriminated against at work, it’s important to speak with an attorney or other legal professional to understand your rights and options.

Other examples would be:

• Consensual romantic or dating relationships between co-workers.
• Discussion or debate of sexual or adult related topics that are relevant to the work being performed.
• Social events or gatherings where people may be dressed in a way that is considered more revealing or casual than usual.

Remember, even if the behavior is not considered harassment, it may still be unprofessional or inappropriate. What one person may consider innocent; another person may find offensive. If an employee feels uncomfortable with certain behavior, it’s important to address it and try to find a solution that makes everyone feel comfortable in the workplace.

Who can be a victim?

Keep in mind that sexual harassment is not limited to men harassing women. Anyone can be a victim of sexual harassment, regardless of their gender, sexual orientation, or other characteristics.

Identifying sexual harassment

To identify sexual harassment, it’s important to pay attention to your own feelings and reactions. If someone’s behaviour makes you feel uncomfortable or offended, it’s likely that it constitutes sexual harassment. Additionally, if someone’s behaviour is making it difficult for you to do your job or is affecting your mental and physical well-being, it’s likely that it constitutes sexual harassment.

Taking action

If you believe that you are the victim of sexual harassment, it’s important to speak up and act. The first step is to tell the person who is committing the harassment to stop, and to make it clear that their behaviour is not welcome. If the behaviour continues, or if you feel uncomfortable speaking up, you should report the harassment to a supervisor or human resources representative.

Documenting and evidence

It’s also important to document any instances of sexual harassment, as this can be valuable evidence if you decide to take legal action. Keep a written record of the date, time, and details of each incident, and save any emails, text messages, or other evidence that you have.

Employer’s Responsibility: New Respect@Work Act

Employers have a responsibility to provide a safe and harassment-free working environment for their employees. This means that they should have a clear policy on sexual harassment and should take steps to prevent it from occurring. As well as up-to-date compliance training to ensure all staff, managers and leaders understand the new law. They should also have a process in place for handling complaints of sexual harassment and should take action to address any complaints that are made.

Australia has recently introduced new laws aimed at addressing and preventing harassment and discrimination in the workplace, known as the “Respect@Work” laws. These laws, which were passed by the Australian federal government in November 2022, are intended to create a safer and more inclusive workplace for all employees. The laws will apply to all employers and employees and will be enforceable by the Australian Human Rights Commission.

To recap

In summary, sexual harassment in the workplace is a serious issue that can have a detrimental effect on an individual’s mental and physical well-being, as well as their career. To identify sexual harassment, it’s important to pay attention to your own feelings and reactions, and to understand that sexual harassment can be subtle.

If you believe that you are the victim of sexual harassment, it’s important to speak up and act, and to document any incidents. As part of the new Respect@Work Act, employers, their staff and leaders also have a responsibility to provide a safe and harassment-free working environment and should take steps to prevent it from occurring.

You can learn more about the legislation and further recommendations on the Respect@Work website or watch our on-demand webinar to hear more about the new changes, preventive measures you can start implementing and more.

To discuss any aspect of this new legislation or any other compliance topic, please book an appointment today with one of our experienced compliance consultants.