What is sexual harassment at work

Sexual harassment is unwelcome conduct of a sexual nature in relation to a person. It occurs in circumstances where a reasonable person would anticipate the possibility of the person who is harassed being offended, humiliated or intimidated. Conduct of a sexual nature includes making a statement of a sexual nature to, or in front of, a person. The statement can be spoken or in writing

Workplace sexual harassment is when sexual harassment happens at work, in a constitutionally-covered business. It can be a one-off incident, or it can happen more than once, involving conduct by one or more people.

Sexual harassment can include conduct such as:

• inappropriate staring, leering or loitering
• unwelcome touching
• suggestive comments or jokes, insults or taunts based on sex, or sexual gestures
• using suggestive or sexualised nicknames for a person
• persistent unwanted invitations to go out on dates
• intrusive questions or comments about a person’s private life or body
• unnecessary familiarity, such as deliberately brushing up against a person
• displaying material of a sexual nature in the workplace
• communicating sexually explicit material in person or through phone calls, online interaction, email, social media or text messages.

Sexual harassment can cause physical and psychological harm. It can have a wide range of negative impacts, including feelings of isolation, loss of confidence and stress or depression.

Safe Work Australia has more information.

Find out more 

• read the definition of sexual harassment in section 28A of the Sex Discrimination Act 1984 
• read Part 6-4B of the Fair Work Act 2009 about the Commission’s role and powers 
• access the Commission’s Orders to stop sexual harassment benchbook