Sexual harassment

SUMMARY OF THE LAW

The Act which applies to most cases of sexual harassment federally is the Sex Discrimination Act 1984.

You should note at the outset that the Sex Discrimination Act 1984 will protect you only against certain forms of sexual harassment. Not all inappropriate behaviour will be unlawful.

PRECONDITIONS

The Sex Discrimination Act 1984 has a special way of defining sexual harassment.

Sexual harassment occurs where one person:

makes an unwelcome sexual advance to another
or an unwelcome request for sexual favours
or engages in unwelcome conduct of a sexual nature towards the other person
in circumstances where a reasonable person, having regard to all the circumstances, would have anticipated that the other person would have been offended, humiliated or intimidated.

Sexual harassment often involves:

offensive, sex-based comments
unwanted touching
unwanted requests for sex
displaying sexually suggestive material such as posters, e.mails or screen savers.

Sexual harassment is unlawful in the following areas:

employment
commission agencies
contract work
partnerships
common workplaces
qualifying bodies (bodies with power to grant occupational qualifications)
registered organisations(such as unions or employer associations)
employment agencies
educational institutions
provision of goods, services or facilities
accommodation
disposing or acquiring land
clubs
Commonwealth laws and programmes

Read on about Sexual Harassment.

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