What is sexual harassment?

Defining sexual harassment

In Victoria, the legal definition of sexual harassment comes from the Equal Opportunity Act 2010 (EO Act). The EO Act makes sexual harassment against the law in certain areas of public life, including at work.

In simple terms, this means that sexual harassment is unwelcome sexual behaviour or actions that may create a risk to someone’s health and safety.

Sexual harassment can be:

• physical, including gestures
• verbal, including through online spaces
• written (text or images), including through online spaces and messaging or social media platforms. These don’t have to be connected to work.

It can be a single incident or happen more than once. The behaviour does not need to be repeated to be sexual harassment.

Sexual harassment can come in many forms. Some examples can include:

• actual or attempted sexual assault
• sexual acts, such as masturbating directed at or in front of an individual
• intrusive questions or sexualised comments about things like:
  • appearance
  • relationship status
  • sexuality
  • bodily functions
• sexually suggestive behaviour, such as leering or staring
• brushing up against someone, touching, fondling or hugging
• sexually suggestive comments, questions or jokes
• displaying offensive sexual images or objects
• repeated requests to go out
• requests for sex
• sexually explicit emails, text messages, images or posts on social media, messaging or online platforms
• contact that has been welcomed in the past but is not anymore.

Any of these behaviours is sexual harassment. All are unacceptable.

Sexual harassment may be directed at an individual or a group.

Someone might also be harmed by sexual harassment in an indirect way. For example, this could happen if they are exposed to:

• A conversation that is sexual in nature between other employees in the workplace. This includes:
  • in a virtual workplace environment
  • through a social media or messaging platform.
• Unwelcome conduct of a sexual nature directed at someone else.

Sexual harassment in the working environment

Sexual harassment is a serious occupational health and safety (OHS) issue. It can cause psychological or physical harm, or both.

Sexual harassment in the working environment is when these behaviours happen:

• in the workplace, which is wherever an employee works for their employer
• where an employee is working remotely, including if the person’s workplace is:
  • the employee’s home
  • another person’s home, such as home visits or outreach work
  • online
• at work-related meetings, activities or events, such as a work Christmas party
• between people who work together or share the same workplace
• by phone, email, social media or online through a work connection
• at employer-provided accommodation, such as fly-in fly-out sites or at work conferences.

Sexual harassment in the working environment isn’t always obvious, repeated or continuous.

People can be sexually harassed by:

• managers
• coworkers
• contractors
• site visitors
• clients
• customers
• students
• patients
• volunteers
• members of the public.

Who is most at risk?

Anyone can experience sexual harassment in the working environment. It is not limited to a particular sex, gender or sexual orientation. But some people are more likely to experience it, including:

• people who identify as women or non-binary
• people who are new to the workforce
• minors or young employees
• people who identify as Lesbian, Gay, Bisexual, Transgender and gender-diverse, Intersex, Queer and Asexual (LGBTIQA+)
• people who are Aboriginal and Torres Strait Islander
• people with disability
• people who don’t follow socially prescribed gender roles and stereotypes. These are traditional ideas about:
  • how men and women should look or act
  • what characteristics they should have
  • their roles in the workplace, home or public life
• culturally and racially marginalised people
• migrant workers
• people holding temporary visas
• people in insecure working arrangements such as fixed-term, casual or labour hire
• people who work in high-risk industries
• apprentices
• people who experience literacy or language barriers.

When these aspects, characteristics or factors intersect, it can increase the risk of someone being sexually harassed in the working environment. They can also make people less likely to report sexual harassment.

In 2022, the Australian Human Rights Commission (AHRC) asked more than 10,000 Australians about sexual harassment at work. This survey investigated:

• how often sexual harassment happens
• what sexual harassment looks like
• how it is reported.

The survey found that:

• In the previous 12 months, almost one in 5 Australians (19%) had been sexually harassed at work.
• In the previous 5 years, some groups were more likely to be sexually harassed at work, including:
  • people aged 15–17 (47%), 18–29 (46%) and 30–39 (39%)
  • people who identified as LGBTIQA+ (46%)
  • Aboriginal and Torres Strait Islander people (56%)
  • people with disability (48%).
• Most harassers were men (77% of people were harassed by a man).
• Two-thirds of people sexually harassed at work (67%) experienced negative health impacts.
• Fewer than one in 5 people (18%) made a formal report or complaint about sexual harassment at work.
• Over a third of people (37%) thought their organisation should be doing more to prevent and address sexual harassment.

These statistics come from the AHRC report Time for respect: Fifth national survey on sexual harassment in Australian workplaces available on the AHRC website.

Higher risk industries

The AHRC survey also found sexual harassment is higher than the national incidence rate of 33% in certain industries. These include:

• information, media and telecommunications (64%)
• arts and recreation services (44%)
• electricity, gas, water and waste services (40%)
• retail trade (40%)
• accommodation and food services (34%).

However, sexual harassment can occur in any industry or occupation. People who work in industries where it is seen as a ‘normal part of the job’ may be less likely to report it.

Workplace risk factors

Employers have an obligation to provide and maintain a safe working environment, so far as is reasonably practicable. They should consider how their workplace characteristics may increase the risk of sexual harassment. These can include any factor or factors in any of the following:

• Work design: the equipment, content and organisation of an employee’s:
  • work tasks
  • activities
  • relationships
  • responsibilities.
• Systems of work: the way work is planned, organised and done.
• Management of work: responsibility for, and control of, operational decisions.
• Carrying out of the work: how, when and where a task is done, including:
  • the requirements of the work
  • the location of the work
  • the working environment
  • work that directly or indirectly exposes a person to traumatic events or content.
• Personal or work-related interactions: interactions and behaviours that happen between:
  • employees
  • employees and others.

For more information on these factors, see Part 1 – Introduction of the Psychological health compliance code.

Specific risk factors that may increase the risk of sexual harassment in the working environment include:

• Workplaces where the organisational culture tolerates, minimises or accepts disrespectful behaviours and harmful behaviours. This includes sexual harassment.
• Workplaces that lack diversity, are very hierarchical or have unequal gender representation in leadership positions.
• Workplace leaders with poor understanding of the nature, drivers and impacts of sexual harassment.
• Working with customers, patients, clients or students.
• Working with members of the public.
• Working at night, alone or in licensed venues.
• Working from remote locations with limited supervision; for example, fly-in fly-out workers or airline crew.
• Working in isolation from other employee; for example, home visits.

How does sexual harassment affect people?

Sexual harassment can cause physical or psychological harm, or both, to:

• the person it is directed at
• anyone witnessing or experiencing the behaviour indirectly.

This can lead to significant social and economic costs for:

• the affected employee
• other employees
• employers
• the wider community.

Impact on the affected employee

If an employee is exposed (directly or indirectly) to sexual harassment in their working environment, they may experience a negative psychological response that creates a risk to their health and safety. This may lead to a risk of psychological or physical harm, or both.

There are also additional risks of physical harm associated with physical violence. Harm includes injury, illness and death.

Individuals respond to psychosocial hazards differently. Employers should be aware of the warning signs showing that an employee may be at risk of harm. A negative psychological response may indicate or lead to a psychological or physical injury or illness, or both.

Examples of negative psychological responses include: 

• feeling anxious
• irritability
• anger
• change in perception
• negative thinking patterns
• inability to fall or stay asleep due to overactive thoughts
• thoughts of self-harm or suicide.

Psychological injuries from exposure to sexual harassment can include: 

• depression
• anxiety
• acute stress disorder
• post-traumatic stress disorder (PTSD).

Physical injuries from exposure to sexual harassment can include: 

• physical injuries associated with physical violence/assault 
• cardiovascular disease, heart attack, stroke
• musculoskeletal disorders, such as sprains, strains, soft tissue injuries and chronic pain.

Impacts on the employer and workplace

Sexual harassment also has implications for the employer and working environment. Some examples of the impacts include:

• high turnover and poor staff retention, leading to higher recruitment costs
• reduced morale and productivity
• increased absenteeism
• direct and indirect costs of investigations and procedures to address reported allegations
• reputational damage.

Employers have a positive duty to:

• not engage in discrimination or sexual harassment
• take reasonable steps to address these behaviours.