What is sexual harassment?
Sexual harassment happens when:
- A person subjects another person to conduct that is sexual in nature.
- The conduct is unwelcome.
- The conduct is done either:
- with the intention of offending, humiliating, or intimidating the person; or
- in circumstances where a reasonable person would be offended, humiliated, or intimidated by the conduct.
Sexual harassment can happen once or over time. It can happen in person, in writing, over the phone, or online.
Where and when sexual harassment is unlawful
Sexual harassment is unlawful everywhere.
If sexual harassment happens in a workplace, an employer may be legally responsible for sexual harassment by their employees, unless reasonable steps were taken to prevent it from happening.
What employers and service providers must do
Businesses, employers, schools, and other service providers have a responsibility to:
- take reasonable steps to prevent sexual harassment
- respond to complaints in a fair and timely way
- provide a safe environment for employees, students, customers, and community members.
Organisations may be legally responsible for harassment unless they can show they took reasonable steps to prevent it.
Making a complaint to the Commission
If you decide to make a complaint to the Commission, you should make your complaint within 12 months of the sexual harassment occurring. In some circumstances, we may accept a complaint after this time.
If you see sexual harassment happen
If you witness sexual harassment, and you feel safe to do so, you can:
- check in with the person affected
- report the behaviour to a manager, supervisor, teacher, or appropriate support person
- support the person to seek help, including by making a complaint to the Commission.
Bystander action (someone who witnesses harassment) can help create safer and more respectful workplaces, schools, and communities.