What Can You Do If You’re Sexually Harassed at Work?
Sexual harassment in the workplace is a serious issue that affects employees across all industries in Australia. Understanding your rights under Employment Law is essential if you find yourself in such a situation. Not only does the law provide protection, but it also offers clear pathways for action to ensure your safety, dignity, and wellbeing at work.
What is Sexual Harassment?
Under Australian Employment Law, sexual harassment is defined as any unwelcome sexual advance, request for sexual favours, or other unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated. This behaviour can be physical, verbal, or written, and it may occur in person or online.
Examples include inappropriate touching, suggestive comments, intrusive questions about your private life, or receiving unwanted messages or images. Importantly, the intent of the behaviour does not matter—what matters is how it is perceived by the recipient.
Your Rights Under Employment Law
Australian employees are protected by several laws, including the Sex Discrimination Act 1984 and the Fair Work Act 2009. These laws make it unlawful for anyone to be sexually harassed at work, including employees, contractors, clients, and customers.
Employers also have a legal obligation to provide a safe working environment. This includes taking reasonable steps to prevent sexual harassment and responding appropriately when complaints are made.
Recognise and Document the Behaviour
If you believe you are being sexually harassed, the first step is to recognise that the behaviour is not acceptable. Keep detailed records of incidents, including dates, times, locations, what was said or done, and any witnesses present. This documentation can be crucial if you decide to make a formal complaint.
Consider Addressing the Behaviour Directly
In some cases, you may feel comfortable telling the person that their behaviour is unwelcome and must stop. While this step is not required, it can sometimes resolve the issue early. However, if you feel unsafe or uncomfortable doing so, you should not be pressured to confront the individual.
Report the Harassment Internally
Most workplaces in Australia have policies and procedures for handling complaints. You can report the issue to your manager, human resources department, or a designated contact officer. Employers are required to take complaints seriously and investigate them promptly and fairly.
When making a complaint, provide as much detail as possible and include any evidence you have gathered. You also have the right to request confidentiality during the process.
Seek External Support
If your workplace does not resolve the issue, or if you are uncomfortable reporting internally, you can seek help from external organisations. These bodies can provide advice, mediation, or formal investigation.
Some key organisations include:
Australian Human Rights Commission
Fair Work Commission
Safe Work Australia
These organisations play a crucial role in enforcing Employment Law and ensuring that workers are protected from harassment.
Lodge a Formal Complaint
You have the option to lodge a formal complaint with the Australian Human Rights Commission or the Fair Work Commission. This process may involve conciliation, where both parties attempt to resolve the issue with the help of an independent mediator.
If conciliation is unsuccessful, the matter may proceed to court. Legal action can result in compensation, workplace changes, or other remedies.
Understand Protection Against Victimisation
One of the biggest concerns for employees is the fear of retaliation. Australian Employment Law protects you from victimisation if you make a complaint. This means your employer cannot dismiss you, demote you, or treat you unfairly because you reported harassment.
If victimisation does occur, it can be treated as a separate legal violation, giving you additional grounds for action.
The Role of Employers
Employers are not only expected to respond to complaints but also to take proactive steps to prevent harassment. This includes providing training, implementing clear policies, and fostering a respectful workplace culture.
Failure to do so can result in legal consequences for the organisation. This is why many companies are now placing greater emphasis on compliance with Employment Law and employee wellbeing.
Remaining silent about sexual harassment can allow harmful behaviour to continue. By taking action, you not only protect yourself but also contribute to a safer workplace for others.
It’s important to remember that you are not alone, and support is available at every stage of the process.
If you or someone you know is experiencing workplace sexual harassment, don’t ignore it.
Understanding your rights under Employment Law is the first step towards protecting yourself. Reach out to a trusted advisor or legal professional. Contact New South Lawyers today and take control of your workplace safety.
