Respect@Work
Workplace Sexual Harassment
What is workplace sexual harassment?
Workplace sexual harassment occurs in the workplace when a person makes:
- An unwelcome sexual advance
- An unwelcome request for sexual favours
- Other unwelcome conduct of a sexual nature
In circumstances where a reasonable person might think that it is possible that the person might feel
- Offended
- Humiliated
- intimidated
Sexual harassment can be:
- physical
- verbal
- written
Intention is irrelevant and excuses do not matter.
The conduct may be a one off or it may be repeated.
Go to this link for an infographic illustrating what sexual harassment may look like.
The Positive Duty
Everyone has a right to a safe workplace free of sexual harassment.
Employers have a positive duty to eliminate workplace sexual harassment.
This means that employers must take proactive and meaningful action to prevent sexual harassment occurring in the workplace rather than just responding once it has occurred.
What is the positive duty?
This guide for small business provides useful information on the positive duty.
What is expected of employers
Go to this link for information about what is expected of you as an employer to prevent workplace sexual harassment occurring.
This link shows how to control the risks of workplace sexual harassment occurring.
Policy and Procedure
A crucial element of this process is to have a comprehensive policy dealing with sexual harassment which is understood by all employees and management.
Go to this link for a template policy
Go to this link for how to implement policies in the workplace
Training
All staff and management should be trained about what constitutes sexual harassment and the effects upon others of this conduct.
The Fair Work Commission has a useful online learning module at this link on its learning portal.
It is recommended that employers require all staff to undertake this learning module and provide evidence in the form of a certificate from the module.
There are also a number of very helpful eLearning courses and fact sheets on the Respect@work website at this link.
Enforcement
The Fair Work Commission
The Fair Work Commission has powers to deal with sexual harassment disputes and make orders for sexual harassment to stop.
Go to this link for further information about how the Fair Work Commission deals with sexual harassment.
The Australian Human Rights Commission
The Australian Human Rights Commission accepts complaints about sexual harassment and sex-based discrimination.
Support services
The Australian Human Rights Commission website has links to support services for sexual harassment, sexual assault, mental health, rape, domestic violence and work health and safety in each state and territory.