Sexual Harassment

• Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature. This conduct makes a person feel offended, humiliated and/or intimidated 
• Sexual harassment does not have to be repeated or continuous to be against the law 
• Sexual harassment is a form of discrimination and is prohibited regardless of the sex of either person

Examples of sexual harassment include:

• Unwelcome touching 
• Staring or leering 
• Suggestive comments or jokes 
• Requests for sex 
• Showing someone sexually explicit pictures or posters 
• Deliberately brushing up against a person 
• Sexually explicit messages to your device  
• Unwanted invitations to go out on dates  
• Actual or attempted rape or sexual assault.

You can contact 1800RESPECT if you: 

• Have experienced, or are at risk of experiencing sexual harassment  
• Are a family member or friend providing support to someone affected by sexual harassment  
• Are a professional who is supporting someone affected by sexual harassment  

1800RESPECT provides confidential counselling, information and referrals to support services which could include legal services, sexual assault support services and organisations with powers to investigate complaints. Our counsellors are guided by you and what feels best for you.  

Call 1800 737 732, text 0458 737 732, online chat or video call. In an emergency, call 000.

Workplace sexual harassment

What is workplace sexual harassment? 

Workplace sexual harassment is sexual harassment in connection with work. The most common workplace relationship between a harasser and a person harassed are co-workers or peers in an organisation. Workplace sexual harassment can also occur by a manager or supervisor or by a client or customer.   

Learn more about what acts are considered sexual harassment here.

Workplace sexual harassment more commonly occurs in certain industries, including in male-dominated workplaces such as in the construction, mining and financial services industries. Other industries where it commonly occurs include: 

• Information, media and telecommunications 
• Arts and recreation services 
• Electricity, gas, water and waste services 
• Retail trade 
• Accommodation and food services 

Workplace sexual harassment can occur: 

• In the workplace during work hours or after hours 
• During a lunch break  
• When working remotely (from home or offsite) 
• At staff drinks or staff functions (at work or somewhere else) 
• Between colleagues outside the workplace and outside work hours  
• During work-related travel.

Anyone can experience workplace sexual harassment, in any workplace, across all industries.  

Some workers are more likely to be targets for certain types of workplace sexual harassment than others. These include: 

• Women 
• People who identify as LGBTQIA+ 
• Young people 
• People with disability 
• Aboriginal and Torres Strait Islander peoples  
• Culturally and racially marginalised people. 

Workers who are on temporary work visas or employed under casual or insecure arrangements are especially vulnerable.

Source: Time for respect: Fifth national survey on sexual harassment in Australian workplaces, AHRC 2022

Workplace sexual harassment causes mental and physical harm. It is a risk to your health and safety. Sexual harassment can lead to: 

• Feelings of isolation 
• Loss of confidence and withdrawal 
• Physical injuries 
• Negative impacts on a person’s career 
• Stress, depression, and anxiety. 

There are also impacts to employers, including financial impacts in terms of lost productivity, reputational damage, high staff turnover and a negative workplace culture. In some cases, legal action may be taken out on employers due to a workplace sexual harassment incident.

A person who sexually harasses someone else is primarily responsible for their behaviour. However, in many cases you can also be held vicariously liable for sexual harassment by your employees, agents and contractors, unless you can show that you took steps to prevent the sexual harassment from occurring. 

Employers need to ensure there is no: 

• Unfair treatment because of a person's gender in a work context 
• Sexual harassment in connection with work 
• Acts of victimisation. 

Employers should: 

• Have an appropriate sexual harassment policy 
• Train employees on how to identify and deal with sexual harassment 
• Put in place an internal procedure for dealing with complaints 
• Take appropriate remedial action if and when sexual harassment occurs.  

Useful links: 

• Australian Human Rights Commission’s sexual harassment – information for employers webpage 
• For further information for employers on sexual harassment, see the Australian Human Rights resource Good Practice, Good Business: Eliminating discrimination and harassment in the workplace 
• For information on referral pathways for sexual harassment in the workplace, see Comcare’s guide for employers
• Find practical examples for people's safety and wellbeing on the Insight Exchange website.

Everyone has the right to a safe and healthy workplace free from sexual harassment. If you have experienced or witnessed workplace sexual harassment and feel safe to, you can: 

• Raise the issue directly with the person or people behaving this way, tell them that their behaviour is unwelcome and ask them to stop 
• Report the incident to your workplace, for example your manager, leader, human resources, health and safety or union representative 
• Make a report or complaint to a government agency 
• Talk to someone you are comfortable with, such as a colleague, friend, family member or a health professional 
• Access support services like 1800RESPECT  

If you are not able to report an incident to your workplace, or are not satisfied with their response, you have the option to file a complaint. To file a complaint, visit the Australian Human Rights Commission website. 

If someone in your workplace is experiencing sexual harassment, you can, with their consent, make a complaint to the Australian Human Rights Commission on their behalf. 

Useful links: 

• Find more information by visiting the Respect@Work website or Australian Human Rights Commission website 
• Find practical examples for people's safety and wellbeing on the Insight Exchange website.

The positive duty is a legal obligation introduced into the Sex Discrimination Act 1984 (Cth) in December 2022. The positive duty requires organisations and businesses to take reasonable and proportionate measures to eliminate the following behaviour as far as possible: 

• Discrimination on the ground of sex in a work context  
• Sexual harassment in connection with work 
• Sex-based harassment in connection with work 
• Conduct creating a workplace environment that is hostile on the ground of sex 
• Related acts of victimisation 

Previously, it was left to workers to report unlawful behaviours. The positive duty removes this burden from workers by requiring organisations and businesses to take preventative action, regardless of whether a report is made. 

The Australian Human Rights Commission has published a range of resources, including Guidelines for Complying with the Positive Duty, to assist organisations and businesses to understand their obligations and what steps they need to take to satisfy the positive duty.