At a glance (Summary)
Sexual harassment occurs where a person makes an unwelcome sexual advance or request for sexual favours, or engages in other unwelcome conduct of a sexual nature, in circumstances where a reasonable person would anticipate the possibility that the person harassed would be offended, humiliated or intimidated.
- Examples include: unwelcome touching; suggestive comments/jokes; sexually explicit pictures/posters; unwanted invitations or requests for sex; intrusive questions about private life/body; unnecessary familiarity; insults/taunts of a sexual nature; sexually explicit emails or texts.
- Positive duty: Employers/PCBUs have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination/harassment, hostile work environments on the ground of sex, and victimisation.
- WHS duty: Employers must provide a safe and healthy workplace free from hazards (including sexual harassment) so far as reasonably practicable.
- It is not your fault. If you have been sexually harassed, you are not to blame.
This is general information, not legal advice. See “Need more help?” below.