What is sexual harassment?

Guidance on sexual harassment in the working environment. This includes examples, who is most at risk and how it affects people.

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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.

Section 92(1) of the EO Act says:

...a person sexually harasses another person if he or she:

  1. makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or
  2. engages in any other unwelcome conduct of a sexual nature in relation to the other person—

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

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 or rape
  • physical assault, abuse or threats targeted at an individual because of their sex, gender or sexuality
  • 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.

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. This could happen if they are unwillingly exposed to:

  • A conversation that is sexual in nature and affects them in a negative way. This includes in a virtual workplace environment or through a social media or messaging platform.
  • Violence or actions of a sexual nature directed at someone else.

Victorian Equal Opportunity and Human Rights Commission (VEOHRC)

VEOHRC protects and promotes human rights. It also provides services to people who have experienced sexual harassment. 

In 2023–24, over 90% of the sexual harassment complaints VEOHRC received were related to the workplace.

VEOHRC website

Sexual harassment in the working environment

Sexual harassment is a serious occupational health and safety issue. It can cause both psychological and physical harm.

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.

Criminal offences

Some behaviours may be a criminal offence. They include:

  • indecent exposure
  • stalking
  • sharing intimate images without consent
  • obscene or threatening communications – for example:
    • phone calls
    • letters
    • emails
    • text messages
    • images such as deepfakes, which are digitally altered images and videos that are often pornographic
    • posts on social networking sites
  • sexual assault or rape.

If the employee wishes, employers should refer these acts to police or support employees to do so. Employers should also:

  • review and revise workplace OHS risk controls to prevent similar incidents happening again
  • investigate and respond appropriately if they become aware of an incident.

If an employer suspects an employee under 18 is the target of sexual behaviour, they should consider whether to contact Child Protection or Victoria Police. Employers and employees may also have mandatory reporting obligations. See ‘Employees under 18’ below for more information.

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.

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 five Australians (19%) had been sexually harassed at work.
  • In the previous five 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 five 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 Respect@Work website.

Employees under 18

Employees aged under 18 may be more at risk of sexual harassment. This is because:

  • Sexual harassment can happen if there is a power imbalance. Younger people may be structurally disempowered because they:
    • are inexperienced in the working environment
    • need to stay employed to become qualified
    • are casual employees who may lose shifts if they make a report.
  • Young people may not recognise harassing behaviour or be confident to call it out.

If someone sees or experiences harassment early in their career, they may also think it is ‘normal’. This belief may be confirmed if no one else comments or calls it out.

Sexual behaviour directed at young employees may be a child-based sexual offence. Children often see grooming behaviours as friendship and may not identify the risks. Employers who have employees under the age of 18 must:

  • Identify the hazards they may be exposed to and the likely risks of harm.
  • Use reasonably practicable control measures to eliminate or reduce the risks. For example:
    • Require relevant employees to have a Working with Children Check.
    • Don’t assign young employees to certain tasks or ask them to work alone.
    • Provide extra supervision.
    • Offer training on harmful workplace behaviour, including sexual harassment. This should cover what to do if someone’s behaviour makes them feel uncomfortable or unsafe.

If an employer suspects an employee under 18 is the target of sexual behaviour, they should contact Child Protection or Victoria Police. Employers and employees may also have mandatory reporting obligations.

Find out more about mandatory reporting at the Department of Families, Fairness and Housing.

Also see the WorkSafe guidance Keeping children safe in the workplace.

Compounding risk factors

Different aspects of a person’s identity can expose them to overlapping forms of discrimination and marginalisation. This is known as ‘intersectionality’ and may be because of factors such as:

  • sex at birth
  • gender identity
  • sexual orientation
  • being Aboriginal and Torres Strait Islander
  • being culturally and racially marginalised
  • migrant worker status
  • disability
  • literacy levels
  • insecure work such as casual, fixed-term, labour-hire or part-time work.

These compounding factors can increase the risk of someone being sexually harassed in the working environment. They can also make people less likely to report sexual harassment.

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

Some workplaces may have characteristics that increase the risk of sexual harassment. They may also create barriers to reporting. These characteristics can include, for example:

  • Organisational culture, for example:
    • tolerance of crude jokes
    • distributing work based on traditional gendered roles
    • a workforce that is segregated by gender, has low diversity or is dominated by one gender, age group, race or culture
    • workplace leaders with poor understanding of the nature, drivers and effects of sexual harassment
    • behaviours, systems and structures that support or condone sexism, homophobia and transphobia
    • a workplace with no formal or appropriate reporting procedures, or employees don’t know about them.
  • The type of work being done, for example:
    • personal care work where an employee needs to touch a client
    • employees who interact with members of the public.
  • The design of work, for example:
    • working at night, alone or in licensed venues
    • working from remote locations with limited supervision, such as fly-in-fly-out workers or airline crew
    • attending work functions or travelling for work
    • working at residential premises
    • employees who have restricted access to help and support.
  • The system of work, for example:
    • unsafe procedures for opening and closing the workplace
    • lack of policy and procedure to manage customers or employees who engage in harmful behaviour
    • inadequate supervision for new or young workers
    • requiring employees to wear a name tag or inappropriate uniform items
    • requiring employees to use their personal phone numbers for work.
  • Management of work, for example:
    • inadequate resourcing for the work being performed
    • rigid or rigidly enforced hierarchical management structures
    • insecure work.
  • The physical or virtual environment of the workplace, for example:
    • lack of obvious CCTV or partition screens to act as a deterrent
    • poor lines of sight
    • inadequate or unsuitable duress alarms
    • no appropriate moderation of comments on online forums or platforms.

How does it affect people?

Sexual harassment can cause physical and psychological harm 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

Sexual harassment can affect people in different ways. Some examples of the impacts include:

  • feelings of shock and distress, hurt or humiliation
  • loss of confidence and withdrawal
  • impact on personal and family relationships
  • lower job satisfaction and ability to work
  • negative effect on career aspirations, goals or progress
  • financial loss or economic disadvantage from:
    • taking leave
    • leaving a job
    • seeking legal help
  • psychological injuries or illnesses such as:
    • depression
    • anxiety
    • acute stress disorder
    • post-traumatic stress disorder (PTSD)
  • actual or attempted self-harm or suicide
  • physical injuries or illnesses such as:
    • cardiovascular disease
    • musculoskeletal disorders
    • immune deficiency
    • gastrointestinal disorders
    • injuries from an assault.

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.

See Understanding psychosocial hazards and your legal duties for more information.

Further information