Australian Workplace Discrimination Representatives

Sexual Harassment at Work: What are Your rights?

Women Rights in the Workplace

Sexual harassment is unwelcome or unwanted sexual behaviours, and has nothing to do with friendship or mutual attraction. It can be a humiliating experience for most people, particularly if their employers (or even co-workers) berate them in front of everyone for not reciprocating the advances.

Examples of Sexual Harassment Behaviours at Work

The acts of sexual harassment may be one or more of the following:

  • Unnecessary familiarity, for instance unwelcome touching or intentionally brushing up against you
  • Taunts or insults of a sexual manner
  • Sneering or staring
  • Making suggestive jokes or comments towards you
  • Asking intrusive questions or making statements in regards to your private life
  • Sending sexually explicit text messages or emails
  • Displaying screen savers, magazines, or posters of a sexual nature
  • Accessing sexually explicit websites at work
  • Indecent exposure
  • Obscene communications
  • Stalking
  • Sexual/physical assault
  • Improper advances made on social networking platforms
  • Recurring unwanted requests on dates
  • Repetitive requests for sex

If you have experienced or encountered sexual harassment in your workplace, it is advisable that you file a complaint to the Commission. Soon after a complaint is filed, the Commission will investigate the incident. Typically, the complaint will be resolved through a method of conciliation.

During this time, the Commission will help both parties that are involved by acting as an unbiased individual. However, if your complaint cannot be resolved, you can take your initial complaint to Court.

Know Your Rights as the Victim of Sexual Harassment

As aforementioned, sexual harassment is unwelcome behaviours that often make the individual feel intimated, offended, or humiliated. It is considered unlawful in accordance of the Sex Discrimination Act (1984). Nonetheless, it is reported that only 21% of all complaints filed to the Commission were related to sexual harassment.

This is largely due to two reasons:

  • The role of consent
  • Various factors that can shape the results of a claim

It is important that you are able to determine the differences between flirtation and harassment, as well as legal and illegal interaction. Once determined, you should talk to your HR Manager or General Manager about your colleague’s sexual advances. If you are being harassed by your boss, it is best to head straight for the Commission.

Not sure if you have been sexually harassed? Take the Quiz! Go to our “Have I Been Sexually Harassed” page.

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