Sexual Harassment: Knowing Your Rights
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What is sexual harassment?
Sexual harassment is a type of sex discrimination. Sexual harassment is any unwanted or unwelcome sexual behaviour which makes a person feel offended or humiliated and that reaction could reasonably have been expected in the circumstances. It has nothing to do with mutual attraction or friendship.
Sexual harassment is serious – and against the law
Sexual harassment can take many different forms – it can be obvious or indirect, physical or verbal. It includes behaviour which creates a sexually hostile or intimidating environment. The Sex Discrimination Act makes it unlawful for a person to sexually harass another person in many circumstances.
Examples
- unwelcome touching
- staring or leering
- suggestive comments or jokes
- sexually explicit pictures or posters
- unwanted invitations to go out on dates
- requests for sex
- intrusive questions about your private life or
body- unnecessary familiarity, such as deliberately
- brushing up against you
- insults or taunts based on your sex
- sexually explicit emails
What is the law on sexual harassment?
The Sex Discrimination Act makes it unlawful for a person to sexually harass another person in many circumstances.
The most common of these are:
- at work – by an employer, supervisor or coworker
- in education – by a teacher or lecturer or by another student
- in obtaining goods and services – by a shopkeeper, credit provider, trades person, doctor, publican or garage mechanic
- in accommodation and housing – by a landlord or real estate agent
- in participating in Commonwealth Government funded programs – by a trainer or departmental worker
All States and Territories also have laws prohibiting sexual harassment.
Who is responsible for sexual harassment?
A person who sexually harasses is primarily responsible for sexual harassment. However, in many cases, employers and others can be held responsible for acts of sexual harassment done by their employees or agents. This applies whether the employee or agent has harassed a co-worker or customer or other person.
Example
A co-worker sexually harasses an employee cleaner employed by a cleaning contracting business. The employee decides to lodge a complaint against the co-worker. The employee can also lodge a complaint against the employer and the employer will be liable for sexual harassment, unless he or she can show that they took all reasonable steps to prevent the harassment.
Employers may limit their liability if they can show that they took all reasonable steps to prevent the sexual harassment occurring. Reasonable steps may include policies and procedures designed to create an harassment-free environment. It could also include procedures to deal with allegations of discrimination made by employees or customers. To be effective, policies must be well implemented including ongoing training, communication and reinforcement.
More information on developing and implementing sexual harassment policies is in Sexual Harassment: A code of practice available from the Human Rights and Equal Opportunity Commission’s (HREOC) website at www.humanrights.gov.au/sex_discrimination or by calling 1300 369 711.
What effects can harassment have?
Sexual harassment can have a serious and damaging effect.
It can affect work performance and opportunities and can create a hostile and unpleasant work environment.
Example
A young woman was annoyed and offended by the constant crude jokes and stories about women by her male colleagues. Her colleagues started circulating these jokes by email. The general atmosphere at work was extremely unpleasant and was affecting her performance and concentration.
It can make a person feel insecure and fearful about their housing.
Example
A landlord who collected the rent from a female tenant during the vening insisted on coming into the flat to “inspect the premises”. He always asked her about her relationship with her boyfriend and made sexually suggestive remarks. His behaviour frightened her and when she told him to stop, he said if she didn’t like it, she could move.
It can seriously affect a person’s studies and future career.
Example
A woman student was being hounded by a male fellow student whom she had gone out with a couple of times. She received frequent telephone calls, letters and emails insisting that the relationship continue and was followed home after class on several occasions. The student felt very intimidated and started skipping classes to avoid contact with the man who was harassing her.
It can affect access to goods and services.
Example
When picking up her car from the local mechanic, a woman was subjected to wolf whistles and catcalls. When she went into the office to pay the bill, the garage owner asked her whether she looked like the woman in the nude poster displayed on the wall.
It can affect access to government services.
Example
A young man dropped out of an employment training program funded by the Commonwealth Government because the course leader kept asking him questions about his private life. The course leader made repeated references to his presumed sexual performance in front of other members of the class.
What can you do about discrimination?
You may be able to resolve the situation yourself by pointing out that sexual harassment is unlawful. If not, you, or someone else on your behalf, such as a solicitor or trade union, can lodge a complaint with HREOC. It does not cost anything to make a complaint.
Your complaint needs to be put in writing. HREOC can arrange an interpreter if required. Complaints can also be made online at www.humanrights.gov.au/complaints_information.
Remember
You can talk confidentially with a Complaints Information Officer at HREOC about make a complaint by calling the Complaints Infoline on 1300 656 419.
HREOC has to decide if the Sex Discrimination Act covers your complaint. If it does, HREOC will investigate your complaint. If HREOC cannot deal with your complaint we will write to you and explain why.
Investigation may include writing to the other people involved to get their side of the story. HREOC will work with both of you to try to find a solution that everyone can agree with. This is called conciliation. If conciliation does not work, you can decide whether to take your complaint further by taking your complaint to the Federal Court or the Federal Magistrates Service.
It is against the law for anyone to victimise you for making a complaint to HREOC. More information on complaints is in HREOC’s The Complaint Guide.
For more information
Human Rights and Equal Opportunity Commission
Telephone (02) 9284 9600
1300 369 711
Complaints Infoline 1300 656 419
Website: www.humanrights.gov.au
Sexual Harassment: A code of practice sets out everything employers need to know about preventing sexual harassment in the workplace. This publication is available on HREOC’s website or by calling 1300 369 711.
HREOC also carries out research and awareness-raising about sex discrimination and harassment, and can examine laws to make sure they are consistent with the Sex Discrimination Act. Information on current projects is available at www.humanrights.gov.au/sex_discrimination.
