14 min read
Sexual harassment
Last updated March 2024
This chapter explains what constitutes sexual harassment, and how to prevent and respond to it in your workplace.
What is sexual harassment?
Definition: Sexual Harassment
Sexual harassment occurs when a person is subjected to any unwanted or uninvited sexual behaviour that a reasonable person would consider is offensive, intimidating or humiliating.
Sexual harassment occurs when a person is subjected to any unwanted or uninvited sexual behaviour that a reasonable person would consider is offensive, intimidating or humiliating.
Unlawful sexual harassment is conduct that:
- is of a sexual nature, e.g. sexual advances, acts of physical intimacy, and verbal or written comments of a sexual nature;
- is directed to the person or about the person in their presence;
- is not solicited or invited, i.e. unwelcome; and
- a reasonable person, having regard to all the circumstances, would anticipate that the person harassed would be offended, humiliated or intimidated, i.e. reasonable person test.
Conduct of a sexual nature
For conduct to be sexual harassment, it must be of a sexual nature.
Important: Whether conduct is of a sexual nature is to be judged objectively based on the evidence.
Conduct directed towards a person or persons is sexual conduct if it:
- invites or otherwise explores the prospect of the person or persons participating or engaging in some form of sexual behaviour;
- suggests the person or persons may have (or may not have) engaged in sexual behaviour;
- suggests the person or persons may (or may not) engage in sexual behaviour; or
- suggests the person or persons likes (or does not like) engaging in some form of sexual behaviour.
The conduct may be:
- verbal, for example:
- making sexual remarks, comments or innuendo;
- telling risqué jokes or anecdotes;
- asking intrusive questions about sexual activity or physical appearance;
- making direct or implied sexual propositions, or unwelcome requests for dates; and
- wolf-whistling;
- visual, for example:
- leering or staring at someone or parts of their body;
- sharing suggestive, violent or sexual reading material; and
- displaying offensive or pornographic material, such as photos, pinups, calendars or computer screensavers; or
- physical, for example:
- touching, patting, pinching or kissing;
- standing too close, i.e. in someone’s personal space; and
- brushing unnecessarily against another person’s body.