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.
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:
- makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or
- 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.
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.
- Fatima’s story
Fatima works on a construction site. Fatima identifies as a lesbian and is open at work about her relationship with her female partner. Fatima’s supervisor repeatedly mentions her sexuality, including jokingly asking how Fatima and her partner have sex. Fatima finds these questions intrusive and unwelcome.
The supervisor also comments on Fatima’s cultural background. Fatima feels intimidated and is afraid to speak up about the comments in case she loses shifts. Fatima eventually talks to her Health and Safety Representative (HSR) about the supervisor’s behaviour. The HSR refers to the organisation’s harassment and discrimination policy and wants to ask management to address the behaviour, but Fatima is afraid that she will be further targeted.
Identifying the hazards and risks
Fatima has experienced intrusive questions or sexualised comments about her relationship status and sexuality. This is sexual harassment.
Fatima’s supervisor has also commented on her cultural background. Fatima is fearful of raising her concerns in case her work hours are reduced. These additional factors further increase the risk that Fatima will experience psychological harm from being exposed to sexual harassment.
- Kim’s story
Kim is a copywriter at a medium-sized publisher. One day, Kim sees her manager wolf-whistle at another female employee, which surprises Kim. When she tells her manager that this behaviour is not okay, he asks her if she is jealous. Kim is angry and feels embarrassed, so she reports her manager’s behaviour to his supervisor.
During Kim’s meeting with the supervisor, he listens attentively and asks Kim some clarifying questions. But he concludes that the incident wasn’t that serious and more of ‘a personality clash’. Ever since, Kim has felt uncomfortable around her manager. She avoids him when possible, which affects her ability to do her work.
Identifying the hazards and risks
Kim has been unwillingly exposed to actions of a sexual nature directed at someone else. This is sexual harassment.
Kim raised her concerns with her manager’s supervisor. But her concerns were dismissed and the supervisor failed to identify that Kim was exposed to sexual harassment.
What happens to Kim next? Learn how an employer can control the risk of sexual harassment.
- Jasmine’s story
Student social worker Jasmine is in her final year of study. This means she has a small caseload of her own and sees patients without a supervisor present. One of her patients is a 36-year-old man, Matt, who was admitted a few days ago after having an overdose of heroin. Before he can be discharged, Jasmine is working on referring Matt to suitable alcohol and other drug services and a housing service.
While Jasmine was alone on the ward with Matt, he started joking around, saying maybe he could be discharged to her house to stay as he really enjoyed Jasmine’s company and thought she was very kind. At first Jasmine tried to brush it off, but Matt kept pushing the conversation. It then suddenly became more sexualised, with Matt saying that he thought she would be ‘wild in bed’ because at work she was so ‘proper’. Jasmine really did not know what to say and she had not come across this kind of issue in her previous placements.
Identifying the hazards and risks
Jasmine has been the target of verbalised sexual comments from a patient in her place of work. This is sexual harassment. This also occurred while she was working alone. This further increases the risk of Jasmine experiencing physical and psychological harm.
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.
- Cassie and Kumiko’s story
Cassie and Kumiko are both female education support workers. One day they are in the staff room using the photocopier and chatting to the Business Manager, who is also a woman. One of the male teachers walks in with papers he wants photocopied. Kumiko says, ‘Oh no that’s too big to fit in’. The male teacher responds, ‘That’s what all the women say about me’. He also puts his arm around Kumiko’s shoulder, squeezing her arm.
The Business Manager laughs but Cassie and Kumiko are shocked by his comments. It’s not the first time this same teacher has made sexual comments to Kumiko. She feels increasingly uncomfortable around him.
Cassie and Kumiko report this behaviour to the principal. He laughs, saying it was just a joke and they should stop being so politically correct all the time. He adds that they’re the reason no one can have any fun anymore in the staff room.
Kumiko feels too frightened to talk directly to the teacher about how his behaviour makes her feel. She feels very uncomfortable when they are alone planning for the student she supports. Kumiko rings their HSR to ask what she can do to make the teacher stop this behaviour. She spends a lot of time in his classes supporting one of the students. She points out she doesn’t want him to lose his job, but she does not want to move on to another school either.
Identifying the hazards and risks
Kumiko has been the target of verbalised sexual comments and unwanted physical contact from a colleague. This is sexual harassment. When she and her colleague report the harmful behaviour to the principal, he takes no action to respond to the report and take reasonable actions to prevent further incidents of sexual harassment.
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.
- Amy’s story
Amy is a 15-year-old student who works on a casual basis after school in a café. She relies on her job for extra income for her family. The café is owned by a 43-year-old man. Most of the other staff are young female employees who also work on a casual basis.
Amy is making coffee for a customer when the owner walks past and gropes her. She tells him to stop. He laughs and says she should be flattered. Her colleagues say that he does it to all of them repeatedly and just to try and keep away from him.
Amy feels distressed and humiliated. She is anxious about going to work. She needs the job and doesn’t know what to do to make it stop. As she is a casual worker, she doesn’t think there are any formal ways to complain or support people to ask for help.
Identifying the hazards and risks
Amy has experienced unwanted contact from a colleague that may even be sexual assault. Amy is a casual employee under the age of 18 years. Multiple employees have experienced repeated incidents of sexual harassment/assault by the owner of the business.
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.
- Fran’s story
Fran is a nurse who works in an aged care facility. Many of the patients live with dementia and receive around-the-clock care from employees. Recently an 83-year-old man was admitted to the facility. His increasing care needs and progression of dementia meant he could no longer live with his daughter.
Whenever Fran enters the patient’s room, he comments on how much he loves a woman in uniform and makes lewd comments about her body. For example, after she picks up a cup on the floor he asks her to bend over again so he ‘can get a better view’.
When Fran is standing close to the patient to do his observations, he reaches out and squeezes her left breast. Fran immediately steps back and slaps his hand away at the same time. The patient laughs, asking why she doesn’t like a bit of fun.
Fran feels distressed and humiliated. She holds back tears as she finishes her tasks. She leaves the room and rushes to the staff bathrooms where she starts to cry.
Identifying the hazards and risks
Fran has been the target of verbalised sexual comments and unwanted physical contact from a patient with dementia that may even be sexual assault.
- Helena’s story
Helena works as an accountant in a finance company. A senior manager starts sending her uninvited text messages when he is drunk. In his messages, he keeps asking Helena to meet him at a hotel and makes suggestive sexualised comments about what they can do there.
Helena deflects these messages with humour to avoid upsetting him. She is worried it will compromise her job. At work social gatherings, the manager leers at Helena and tries catching her eye. She avoids him by either not attending or not being too close to him.
Eventually, the manager realises that Helena does not want to accept his advances. He refuses to look at or speak to her, even when they are near each other at work. Her colleagues notice this change in behaviour.
Helena applies for a promotion in a team the same manager supervises. Her application is unsuccessful. Helena believes she is the most qualified for the role and suspects she has been overlooked because she has rejected the manager’s advances.
Identifying the hazards and risks
Helena has experienced frequent and unwanted sexualised contact from a senior manager. She has rebuffed his advances many times. This is sexual harassment. Helena was concerned that reporting the manager’s behaviour would negatively impact on her current job. Being exposed to sexual harassment may have also harmed Helena’s promotional opportunities at work.
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.