Sexual harassment in the workplace

What is sexual harassment?

Sexual harassment is a form of sex discrimination that can occur at work, school, uni or in social settings. Sexual harassment in the workplace is any form of unwelcome sexual attention that is, or that you find, offensive, humiliating or intimidating that occurs anywhere you carry out any task for your employment.

Sexual harassment can be written, verbal or physical. Both males and females can be the victims of sexual harassment.

Sexual harassment can include:

• unwelcome touching, grabbing or other physical contact 
• comments that have sexual meanings
• asking for sex or sexual favours 
• leering and staring 
• displaying rude and offensive material, e.g. calendars, cartoons 
• sexual gestures and body movement 
• sexual jokes and comments 
• questions about your sex life 
• sex based insults 
• criminal offences such as obscene phone calls, indecent exposure and sexual assault.

How being sexually harassed can affect you

If you are being sexually harassed at work you might:

• feel stressed, anxious or depressed 
• want to stay away from work (more than usual) 
• feel unable to trust your employer or the people you work with 
• lack confidence and self-esteem in yourself and your work 
• have physical symptoms of stress such as headaches, backaches, sleep problems
• have your life outside of work affected, e.g. study, relationships 
• be less productive and unable to concentrate

Your rights

No one deserves or asks to be sexually harassed. Everyone has the right to work in an environment free from harassment, bullying discrimination and violence.

Sexual harassment is illegal (under the Sex Discrimination Act 1984). All employers are obliged to provide a harassment-free workplace where every one is free to get on with their job. If they don't, they can be held legally responsible for acts of sexual harassment committed by their employees.

What you can do if you're being sexually harassed at work

• You might be able to resolve the situation quickly yourself by explaining to the person who is harassing you that their behaviour is unwanted. 
• Make sure you're informed - find out what the organisation's policies and procedures are for preventing and handling sexual harassment.
• Keep a diary documenting everything that happens, including what you've done to try stopping it. This can help if you make a complaint. 
• Get external information and advice, e.g. Lawstuff, the union representing your industry, the Human Rights and Equal Opportunity Commission (see below and links). These organisations can give you advice on your options and your rights. You can also ask them to act on your behalf if you don't feel comfortable doing so. They should also respect your confidentiality, though if you are concerned about this, ask them what their responsibilities are.   
• Tell someone. The person to talk to might be a Human Resource Manager, but if there isn't one you should report it directly to your employer, a supervisor/manager or health and safety representative (if your work has one).  This situation might be able to be resolved informally, without any official complaint being made. 
• If the situation continues or is serious, you might need to make a formal (written) complaint that follows company policy. The person sexually harassing you might be officially warned, and be required to have counselling. If the sexual harassment continues, there might be a mediation process and, if all else fails, the person sexually harassing you might be fired. If you end up having to leave, you might be eligible for outstanding wages and entitlements. 
• If the person doing the sexual harassing is your employer or they do not do anything to stop it, it's important you get outside support and advice. 

More information

National

Human Rights and Equal Opportunity Commission (HREOC)
GPO Box 5218,
Sydney. NSW 2000
Phone: (02) 9284 9600 or 1300  369 711
TTY: 1800 620 241
Fax: (02) 9284 9611
E-Mail: paffairs@humanrights.gov.au 
Website: www.hreoc.gov.au

State & Territory

New South Wales Anti-Discrimination Board,
Level 17, 201 Elizabeth St,
Sydney
PO Box A2122, Sydney South,
NSW 1235.
Phone: (02) 9268 5555
TTY; (02) 9268 5522
Fax: (02) 9268 5500
Toll free:   1800 670 812.
Website: www.lawlink.nsw.gov.au/adb

Anti-Discrimination Commission of Tasmania,
Level 5, Executive Building,
15 Murray St,
Hobart. TAS 7000.
Phone: (03) 6233 4841
TTY: (03) 6233 3122
Fax: (03) 6233 5333
Email: AntiDiscrimination@justice.tas.gov,au
Website: www.antidiscrimination.tas.gov.au/

Queensland Anti-Discrimination Commission.
Phone:   1300 130 670
TTY:    1300 130 680
E-Mail: info@adcq.qld.gov.au
Website: www.adcq.qld.gov.au

Victorian Equal Opportunity Commission.
Level 3, 380 Lonsdale St,
Melbourne, VIC 3000
Phone:   (03) 9281 7111 or 1800 134 142
Fax:   (03) 9281 7171
Email: information@veohrc.vic.gov.au 
Website: www.humanrightscommission.vic.gov.au/Home.asp

Western Australian Equal Opportunity Commission,
Level 2, Hartley's Building,
141 St George's Tce, Perth WA 6000.
Phone:   (08) 9216 3900
TTY:    (08) 9216 3936
Fax:   (08) 9216 3960
Toll Free:   1800 198 149.
Website: www.equalopportunity.wa.gov.au

South Australian Equal Opportunity Commission.
ING Building. Level 2, 45 Pirie St,
GPO Box 464,
Adelaide SA 5001.
Phone:   (08) 8207 1977
TTY:     (08) 82071911
Fax:   (08) 8207 2090
Toll Free:   1800 188 163
Website: www.eoc.sa.gov.au

Australian Capital Territory Human Rights Office,
GPO Box 158,
Canberra City. ACT 2601
Level 2 / 12 Moore St, Canberra City.
Phone:   (02) 6205 2222
TTY:   (02) 6207 0525
Fax:   (02) 6207 0587 or (02) 6207 1034
E-Mail: humanrights@actgov.au
Website: www.hro.act.gov.au

Northern Territory Anti-Discrimination Commission.
7th Floor, National Mutual Building,
9 -11 Cavenagh Street, Darwin
LMB 22 GPO, Darwin. NT 0801.
Telephone: (08) 8999 1444
Fax: (08) 8981 3812
TTY: (08) 8999 1466
Freecall: 1800 813 846
Email: administration.adc@nt.gov.au 
Website: www.adc.nt.gov.au