Key Points
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Sexual harassment disproportionately affects women and is unlawful in Australia under the Sex Discrimination Act 1984.
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Confusion about what legally constitutes workplace sexual harassment under Australian law continues.
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The law can be complex, and understanding some of the key principles can assist in avoiding unintentional issues.
Modern businesses reject the notion that sexual harassment in the workplace is acceptable. However, confusion about what legally constitutes workplace sexual harassment under Australian law continues and might inadvertently lead to inappropriate behaviour, resulting in claims against employers and individuals.
The law can be complex, and understanding some of the key principles can assist in avoiding unintentional issues.
Sexual harassment disproportionately affects women and is unlawful in Australia under the
Sex Discrimination Act 1984 (Cth).
Sexual harassment is defined in Section 28A of the Act as
unwanted, unwelcome sexual behaviour which makes a person feel offended, humiliated or intimidated. The offending behaviour is not mutual, is not a consensual interaction and does not constitute friendship.
Section 28B of the Act refers to employment situations and provides that it is unlawful to sexually harass:
- an employee or a person seeking to become an employee (employer to employee);
- for employees to harass other employees; and
- for employers to harass a commission agent or contract worker.
The Act prohibits the offending behavior in the workplace which, as we are often reminded in the lead up to the Festive Season and other major celebrations,
includes a place where workplace functions are carried out in connection with being an employee.
Although these may appear to be straightforward principles to follow, the law continues to be breached and claims continue to be reported.
In response, businesses and service providers should strongly consider developing, reviewing and supporting the implementation of clear, plain English and best practice policies and codes of conduct to appropriately mitigate the risk of inappropriate behaviour which might be considered sexual harassment.
Hicksons Partner, Jennifer Parkes, specialises in advising and supporting business and service organisations, including in the Public Sector, to develop, review, implement and defend best practice policies and procedures.
Post by Jennifer Parkes