Under the Sex Discrimination Act 1984, it is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of both of those persons.
Sexual harassment can happen when one employee makes unwanted sexual propositions, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against their wishes.
Sexual harassment can happen in many different circumstances. These are a few examples of sexual harassment.
- Unwanted Touching or contact such as scratching or massaging a co-worker‚Äôs back, grasping an employee around the waist, or preventing an employee’s capacity to move.
- Intrusive questions about an employee’s life or body
- Continuous requests for dates that are denied or unwelcome flirting.
- Emailing pictures of a sexual or offensive nature.
- Sexual or sexist jokes, gestures or offensive words on clothing unwelcome comments or banter
- Displaying sexually suggestive or obscene objects, pictures, or posters.
- Playing sexually suggestive music.
When a complaint is made to a supervisor, another employee, or the Human Resources office, about sexual harassment, a prompt investigation of the charge should occur. Employees need to be made aware that they have a responsibility to report sexual harassment issues to their supervisor or the Human Resources office.
Sexual harassment is unwelcome sexual behaviour, which could be expected to make a person feel offended, uncomfortable, humiliated, intimidated or pressured to do something unrelated to their work. It can be physical, verbal or written.
Sexual harassment is covered in the workplace when it happens:
- at work
- at work-related events
- between people sharing the same workplace
- between colleagues outside of work
A workplace includes any place that a person attends for the aim of carrying out their work or trade. They do not need to be an employer or employee of the workplace.
Physical workplace boundaries as such no longer exist under the WHS Act. A workplace under the WHS Act is wherever a worker is ‘at work’ and is not restricted by a building, vehicle or other structure. A worker is at their workplace whenever they are engaged in a work activity.
For example; an electrician comes to do some work in a supermarket, in his time there he is sexually harassed by one of the supermarket staff. Although he is not employed by the supermarket but by an electrical company, he is still covered by the law.
The definition of workplace includes:
- common areas, i.e. entrances, elevators, hallways, kitchens and bathrooms
- travel to and from work or for a work function
- functions at the premises of clients, suppliers, associated businesses or any other venues where work functions are held