The prohibition on workplace sexual harassment

Understand how the law prohibits sexual harassment in connection with work. Use this information when the conduct started on or after 6 March 2023. If the conduct started before this date, see Sexual harassment commencing before 6 March 2023. 

Part 3-5A of the Fair Work Act prohibits sexual harassment in connection with work. A person (the first person) must not sexually harass another person (the second person) who is:

  • a worker in a business or undertaking, or
  • seeking to become a worker in a particular business or undertaking, or
  • conducting a business or undertaking
  • if the harassment occurs in connection with the second person being a worker or seeking to become a worker in a particular business or undertaking, or being a person conducting a business or undertaking.

The prohibition applies where the sexual harassment occurred, or is part of a course of conduct that commenced, on or after 6 March 2023.

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