Sexual harassment in the workplace

• Published date: 28 June 2022
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment
• Law Firm: HHG Legal Group
• Author: Mr Murray Thornhill

Senior Associate, Gemma Wheeler-Carver, in our Employment team reflects on legislative changes designed to minimise sexual harassment in the workplace.

Recap on Sexual Harassment and changes to the law

Our Employment law team reflects on legislative changes designed to minimise sexual harassment in the workplace.

Among other significant events in 2021 was the commencement the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth), known as the Respect@Work legislation, that clarified and expanded the operation of the existing laws and amended the Australian Human Rights Commission Act 1986 (Cth), the Fair Work Act 2009 (Cth) and the Sex Discrimination Act 1984 (Cth).

Further to this, the Workplace Health and Safety Act 2020 (WA) (WHS Act) has now commenced, which creates a duty for a person conducting a business or undertaking (PCBU) to eliminate or manage hazards and risks to the health and safety of workers, which would extend to the prevention of sexual harassment in the workplace.

What is Sexual Harassment?

Sexual harassment is considered:

• Conduct of a sexual nature;
• That is unwelcome;
• and Makes a person feel offended, humiliated and/or intimidated.

The test is objective that is whether a reasonable person in the circumstances would anticipate that reaction.

Unlike bullying, which generally requires multiple incidents or a pattern of behaviour, even a once off act can be considered sexual harassment.

Examples of behaviour that may be considered sexual harassment include:

Unwelcome touching Unnecessary

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