Discrimination in Employment

What is sexual harassment?

Sexual harassment is any form of unwanted, unwelcome or uninvited sexual behaviour which is or might be offensive, humiliating or intimidating. It can include an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature. Where sexual interaction is invited, mutual, consensual or reciprocated it is not sexual harassment.

The law further defines sexual harassment as unwelcome sexual conduct that a 'reasonable person' might anticipate would offend, humiliate or intimidate. When applying the 'reasonable person' test to sexual harassment, the particular circumstances of the case will be taken into account. These might include the age, race or impairment etc of the person being harassed, and the relationship between the people involved (eg. manager and apprentice).

Sexual harassment can take various forms and may be obvious or indirect, physical or verbal. It also includes behaviour and practices which create a sexually hostile or intimidating environment. Specifically, examples of sexual harassment include:

unwelcome physical touching
sexual or suggestive comments, jokes or innuendo
unwelcome requests for sex
intrusive questions about a person’s private life
the display of sexually explicit material such as posters or pictures
unwanted invitations
staring or leering
sex based insults or taunts
offensive communications, including telephone calls, letters, faxes, E-mail and computer screen savers

Sexual harassment does not have to be repeated or continuous to be against the law. Some actions or remarks are so offensive that they constitute sexual harassment in themselves, even if they are not repeated. Other single incidents, such as an unwanted invitation or compliment, may not be harassment if they are not repeated. Some forms of sexual harassment, such as assault, physical molestation, stalking, sexual assault and indecent exposure, are also criminal offences. More detailed information about sexual harassment can be found in the Commission’s sexual harassment information brochure.

Case study

Jenny complained to her boss that a co-worker kept trying to touch her breasts, pressing himself against her in a sexual manner and making lewd remarks about her appearance. This constitutes sexual harassment and is against the law. Jenny could complain to the Commission about the harassment.

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