Workplace sexual harassment
Sexual harassment is when someone engages in unwelcome conduct
of a sexual nature towards another person, in circumstances where a
reasonable person would expect that the other person would be
offended, humiliated or intimidated. Workplace sexual
harassment is a form of sex discrimination and can include:
- an unwelcome sexual advance, or an unwelcome request for sexual
favours or
- unwelcome conduct of a sexual nature
- in circumstances in which a reasonable person, having regard to
all the circumstances, would have anticipated that the person
harassed would be offended, humiliated or intimidated.
Workplace sexual harassment can be verbal or in writing.
Behaviour can be sexual harassment regardless of whether it is done
to you or done in front of you.
Unlike workplace bullying and harassment, workplace sexual
harassment does not need to be repeated, it can be a one off
incident.
Examples of conduct that can constitute workplace sexual
harassment include:
- propositioning someone for sex or sexual favours
- making an unwelcome sexual advance
- unwelcome comments or questions about a person's sex life
- unwelcome comments about a persons attire or physical
appearance
- suggestive behaviour such as leering or ogling
- unnecessary physical contact such as brushing up against
someone
- jokes, anecdotes, or comments of a sexual nature
- displaying sexually offensive visual material such as photos,
pinups, calendars, screensavers, emails or magazines and
pornography
- sexual propositions or continued requests for dates
- physical conduct such as touching or fondling
- conduct that would also constitute a criminal offence such as
rape or sexual assault.
If you have been sexually harassed in employment, we can help
you bring a claim to recover compensation for lost wages, hurt,
distress, pain and suffering.
Our lawyers are experienced in advising and representing
employees with workplace sexual harassment claims. We can
claim for economic loss and hurt and distress, pain and suffering.
We can also seek an apology.
Most sexual harassment cases settle before trial.
If you have been subject to sexual harassment in the workplace,
contact our team of experts on 1800 810 856 to
arrange an appointment.
Victimisation
If you have made a complaint, brought proceedings, or acted as a
witness in someone else's claim of sexual harassment or other
workplace discrimination, it is unlawful for any person including
your employer to subject you to detriment or take any other adverse
action against you. If you believe you have been victimised for
making a complaint about workplace sexual harassment or
discrimination contact us on 1800 810 856 to
arrange an appointment.
What are my rights in relation to workplace sexual
harassment?
Workplace sexual harassment is covered by State and Federal
discrimination law. Your rights and avenues for redress in
relation to workplace sexual harassment depend on the state or
territory that the person is employed in.
Changes made to the national workplace relations system mean for
the first time sexual harassment may also be able to be dealt with
under the Fair Work Act 2009 (Cth).
The usual process for workplace sexual harassment claims is a
conciliation conference, and if this does not produce a resolution,
a hearing in a court or tribunal. In some cases we may be able to
negotiate a settlement with your employer without commencing
proceedings. Our experience is that most cases settle before
reaching a court or tribunal hearing.
Making legal and practical decisions about workplace sexual
harassment matters can often be difficult. Our team of experts are
experienced in advising and representing employees with workplace
sexual harassment claims.
What can I do about workplace sexual harassment?
Your options for addressing workplace sexual harassment depend
on the state and territory in which the conduct occurs. In
addition to seeking legal advice, you can also do a number of
simple things which may assist. They
include:
- Keep a diary. Take notes of all the workplace
bullying and harassment that happens to you, when it happens and
who the perpetrator is.
- Be informed. Make sure you have a copy
of your contract of employment, enterprise agreement and workplace
policies and procedures that deal with occupational health and
safety and/or bullying and harassment.
- If you are a union member contact your
union. Many unions are experienced in dealing with
workplace bullying and harassment. If the workplace bullying
and harassment is affecting a number of employees there are
advantages to addressing it collectively.
- Speak to your occupational health and safety
representative. Your occupational health and safety
representative should be able to give you advice and information
about occupational health and safety including workplace bullying
and harassment.
- Address the situation early. Employees
who are subject to workplace bullying and harassment often put the
issue to one side and wait before it gets really bad before
addressing it. By this time the employee may have already
suffered a work related stress injury or continuing in employment
might not be a realistic option.
- Make a complaint. Employees who make a
complaint or inquiry in relation to their employment are protected
from adverse action. It is better if the complaint is in
writing as this will be easier to use as evidence should the need
arise. When writing a complaint stick to the key points and
keep the complaint concise. Ten well thought out points can
often be more effective that ten pages of writing.
- Take care of your health. Your mental
and physical health is very important. If workplace bullying
and harassment is affecting you make sure you see your doctor about
it.
- Seek advice. Working out which legal or
practical decisions to make can be difficult with workplace sexual
harassment cases.
Remember, time limits apply in making applications so get advice
as soon as you can.
Want to know more?
Our team of experts have taken a number of sexual harassment
cases against small and large companies. These cases are usually
settled on a confidential basis before they reach court.
It is important that you seek legal advice prior to making any
decisions. Our team of experienced employment lawyers have
acted in many workplace sexual harassment claims, and we can advise
you in your decision.
To make an appointment for advice about your specific situation
contact us on 1800 810 856.