Sexual harassment in the workplace

There are laws that protect people from sexual harassment in the workplace.

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Sexual harassment

Everyone has the right to a workplace that is safe and free from sexual harassment.

Workers, future workers and people conducting a business or undertaking (such as self-employed people or sole traders) are protected from sexual harassment at work and in the workplace.

Sexual harassment is:

  • an unwelcome sexual advance or request for sexual favours to the person being harassed
  • other unwelcome sexual conduct towards the person being harassed.

To be sexual harassment, there must be a reasonable possibility that the person being harassed would be:

  • offended
  • humiliated, or
  • intimidated.

This means that whether behaviour is sexual harassment depends on how a reasonable person would interpret the behaviour in that situation.

Behaviour that is sexual harassment in one situation may not be in a different situation.

When working out whether behaviour is sexual harassment, the intention of the alleged harasser doesn’t matter.

Sexual harassment doesn’t have to be repeated or continuous. It can be a one-off incident.

Sexual harassment in the course of employment can be serious misconduct and a valid reason for dismissal. Find out about:

A person could also experience sexual harassment by being exposed to or witnessing this behaviour in their work environment or culture. For example, overhearing a conversation or seeing a sexually explicit poster in the workplace.

Tip: Complete free online training

Respect@Work has developed a series of free online mini-courses to help you understand workplace sexual harassment. Its website helps individuals and organisations prevent and respond to workplace sexual harassment.

The courses cover issues like:

  • what is sexual harassment
  • what you can do if you’re sexually harassed at work
  • how the law protects you from sexual harassment.

The courses are a starting point in developing your understanding of workplace sexual harassment. Go to Respect@Work – Education and training now.

Examples of sexual harassment

Examples of sexual harassment can include:

  • inappropriate physical contact, such as unwelcome touching
  • staring or leering
  • a suggestive comment or joke
  • a sexually explicit picture or poster
  • an unwanted invitation to go out on dates
  • a request for sex
  • intrusive questioning about a person's private life or body
  • unnecessary familiarity, such as deliberately brushing up against a person
  • an insult or a taunt of a sexual nature
  • a sexually explicit email or text message.

Example: Unwanted invitation to go out on dates

Amira works as a customer service representative in a large call centre.

During a performance review meeting, Amira’s business area manager, Brodie, starts asking questions about Amira’s relationship status. He asks if she’s single and wants to know what she looks for in a partner.

Amira feels embarrassed and uncomfortable with the questions about her private life. She tries to direct the conversation back to the performance review and current work. Brodie keeps asking intrusive questions and then asks if Amira would like to meet up for dinner on the weekend. Amira declines and again changes the subject back to work.

The next day, Amira tells her team leader, Alex, about Brodie’s intrusive questions and invitation for a date. She explains that the behaviour made her felt very uncomfortable and felt that declining the invitation for a weekend date might negatively affect her performance review.

Alex records Amira’s concerns and says, with her permission, that he will escalate the issue to human resources (HR). Together they consult the organisation’s intranet and find information about lodging a sexual harassment complaint internally with HR. They also find free resources and tools available through the Respect@Work website, including support services available to Amira.

If the sexual harassment isn’t resolved at a workplace level, Amira can make a complaint about workplace sexual harassment to a government body.

Example: Suggestive and inappropriate comments

Axel is intersex and works part-time as a waiter in a restaurant.

During a shift, Axel walks past the kitchen and overhears their colleague, Mitch, making comments about Axel’s body parts and sex life.

Axel is upset and distressed by these comments. Axel approaches their manager, Siobhan, and explains that Mitch and other kitchen staff have been made inappropriate comments about them. Siobhan promises to deal with the matter as a priority.

Siobhan has previously received training from her employer around dealing with sexual harassment. She knows that intrusive questions about a person’s private life or physical appearance can be considered workplace sexual harassment. Siobhan has also completed training offered online on the Respect@Work website.

Siobhan approaches Mitch and the other staff to explain that these comments were unacceptable in the workplace and that she will report the matter to the employer. She explains that the behaviour may warrant disciplinary action.

If the sexual harassment isn’t resolved at a workplace level, Axel can make a complaint about workplace sexual harassment to a government body.

Example: Sexually explicit images

Eloise works in a small accounting firm as a junior accountant.

Eloise checks her inbox one morning and finds an email with no subject line from her boss, Felix.

When she opens the email, there is a sexually explicit image attached. Eloise assumes that Felix has sent the image by accident, so deletes the email without responding.

Over the next few days, Felix continues to send Eloise sexually explicit images and emojis via email and the work instant messenger service. Eloise feels uncomfortable and embarrassed each time she has an unread email or message from Felix.

Georgie, another junior accountant, walks past Eloise’s desk as she is opening one of Felix’s emails. Eloise confides in Georgie and shows her what Felix has been sending.

Georgie explains that this behaviour is not okay and is very likely sexual harassment. They find our Sexual harassment page and read that sending sexually explicit images can be considered sexual harassment. Eloise prepares an email to send to the human resources (HR) staff member, Callum, requesting a meeting to discuss Felix’s behaviour.

Eloise asks that Georgie also attend the meeting as a support person. Eloise also looks up free resources available to her via the Respect@Work website, including support services.

If the sexual harassment isn’t resolved at a workplace level, Eloise can make a complaint about workplace sexual harassment to a government body.

Other behaviour

Behaviour that isn’t sexual harassment might still be considered bullying or discrimination in the workplace. It could also breach anti-discrimination or work health and safety laws.

Bullying in the workplace

Bullying happens at work when:

  • a person or group of people repeatedly behave unreasonably towards another worker or a group of worker
  • the behaviour creates a risk to health and safety.

Some forms of sexual harassment can also be considered bullying if the behaviour is repeated or continuous.

Find out more at Bullying in the workplace.

Discrimination in the workplace

Sexual harassment is different to discrimination. Both are prohibited under a range of anti-discrimination laws.

The Fair Work Act prohibits an employer from taking adverse action (such as firing or demoting someone) against an employee or a future employee for discriminatory reasons. This can include because of their:

  • sex
  • gender identity
  • intersex status
  • race
  • religion
  • need to breastfeed.

You can find a full list of protected attributes at Protections from discrimination at work.

Sexual harassment doesn't have to relate to the characteristics of the person being harassed.

Adverse action doesn’t have to have happened for sexual harassment to occur.

Protection from sexual harassment in the workplace

Under the Fair Work Act, a person or company may be liable for sexual harassment committed by an employee or agent in connection with work, including if they were involved in the employer’s contravention. This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment.

There are also protections from sexual harassment under other Australian laws.

Protections under the Fair Work Act

These laws protect certain workers in Australia including future workers. They also protect people conducting a business or undertaking.

A worker includes:

  • an employee
  • a contractor or subcontractor
  • a small business owner who works in the business
  • an outworker
  • an apprentice or trainee
  • an intern
  • a work experience student
  • a volunteer.

A person conducting a business or undertaking includes a self-employed person or sole trader.

Making a workplace sexual harassment complaint

There are a few ways for a person to make a complaint about workplace sexual harassment. These include:

The Fair Work Commission (the Commission) is the national workplace relations tribunal and registered organisations regulator.

We (the Fair Work Ombudsman) can help with some issues around sexual harassment at work. This is usually when an employee has already sought help from the Commission or another government body.

Learn more about making a complaint at Making a complaint about workplace sexual harassment.

Some forms of sexual harassment could constitute criminal offences and should be reported to the police.

Managing sexual harassment

Workplaces can help prevent sexual harassment by:

  • creating a safe physical and online working environment
  • providing information, instruction, training and support about the importance of preventing and addressing sexual harassment in the workplace
  • addressing unwanted or offensive behaviour early
  • encouraging reporting of sexual harassment and having effective complaints procedures.

Tip: Access free resources from Respect@Work

The Respect@Work website helps individuals and organisations prevent and respond to workplace sexual harassment.

The website has free tailored resources and training to help workplaces prevent and address sexual harassment. This includes:

  • online training
  • fact sheets
  • infographics
  • videos.

Go to Respect@Work now.

More resources are available about how to prevent and respond to reports of sexual harassment in the workplace from:

Sexual harassment in the course of employment is considered serious misconduct and can be a valid reason for dismissal.

Find out more information about:

Positive duty under the Sex Discrimination Act

Under the Sex Discrimination Act, organisations have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:

  • discrimination on the ground of sex in a work context
  • sexual harassment in connection with work
  • sex-based harassment in connection with work
  • conduct creating a workplace environment that is hostile on the ground of sex
  • related acts of victimisation.

The Australian Human Rights Commission has a range of practical information and resources to help organisations meet their positive duty obligations. This includes animations that explain the positive duty. Visit their website at The positive duty in the Sex Discrimination Act.

Support services

If you feel unsafe now, phone 000.

If there is no immediate danger but you need police assistance, phone 131 444.

You can contact the police about any assault that may involve criminal conduct.

Contacting the police

Some forms of sexual harassment are criminal conduct.

If you have experienced sexual assault and feel you would like to make a complaint or report to the police, click here for the relevant state and territory police contacts.

Sexual assault support services

1800RESPECT is the national domestic, family and sexual violence counselling, information and support service. If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.

Mental health support services

Lifeline

24-hour crisis support and suicide prevention.

Ph: 13 11 14

Website: https://www.lifeline.org.au/

Beyondblue

Mental health support.

Ph: 1300 224 636

Website: https://www.beyondblue.org.au/

Source reference: Fair Work Act s351, s527A-52T and Sex Discrimination Act s47B-C

Tools and resources

Related information