What is workplace sexual harassment
Identify sexual harassment and what it looks like in your workplace.
What is workplace sexual harassment
Sexual harassment is a form of discrimination and is defined under the Sex Discrimination Act 1984 (Cth) as:
- any unwanted or unwelcome conduct of a sexual nature
- conduct that makes a person feel offended, humiliated or intimidated, where a reasonable person in the same circumstances would anticipate that reaction.
Whether the conduct was intentional is irrelevant. It can be a single incident or repeated conduct, and can take many forms: physical, verbal and online.
Workplace sexual harassment is when sexual harassment occurs in connection with work. It can occur at worker’s usual place of work, when working offsite such as a client’s home, or during work-related activities such as a work trip, conference, or event.
A 2022 Australian Human Rights Commission (AHRC) survey found the most common forms of workplace sexual harassment are:
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sexually suggestive jokes or comments
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intrusive questions about a person’s private life or physical appearance
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inappropriate staring or leering that makes a person feel intimidated
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unwelcome touching, hugging, cornering or kissing
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inappropriate physical contact.
Workplace sexual harassment could also include spreading sexual rumours or sexually offensive material, repeated online requests to go out on dates or sexual assault (which is also a criminal offence).
Workers can be exposed to sexual harassment from managers, co-workers and visitors. This includes third parties such as contractors, clients, customers, patients and students. It can be directed to a person or a group and can also affect anyone who witnesses the conduct (such as through a poster, overhearing a conversation).
What causes workplace sexual harassment
There are often multiple and complex causes of workplace sexual harassment. While sexual harassment can affect any worker regardless of their gender or role, a key driver is gender inequality.
Workplace factors that can increase the risk and occurrence of sexual harassment include:
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poor work culture
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lack of diversity
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limited understanding of the nature and causes of sexual harassment
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barriers to reporting
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reports not being taken seriously
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irresponsible use of alcohol
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highly hierarchical workplaces
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work that involves a high level of contact with third parties, such as customers or patients
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isolated or remote work
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male-dominated industries.
To effectively prevent workplace sexual harassment, the underlying drivers of workplace sexual harassment need to be addressed, as well as the harmful behaviours.
How it affects workers and businesses
Workplace sexual harassment can have significant impacts on workers – including psychological and physical harms – on business performance, and on the broader community.
For workers, it can lead to:
- decreased job satisfaction
- decreased commitment to their organisation
- physical injuries
- stress, depression, anxiety, post-traumatic stress disorder (PTSD).
For businesses, it can impact staff recruitment and retention, business reputation and productivity.
A 2019 Deloitte study estimated that workplace sexual harassment resulted in $2.6 billion in lost productivity in Australia.
Which workers are most affected
Anyone can experience workplace sexual harassment. Some workers are at a higher risk of or are disproportionately affected by workplace sexual harassment.
These include:
- women
- younger workers (under 29)
- LGBTQIA+ workers
- First Nations and Aboriginal and Torres Strait Islander peoples
- workers living with a disability.
The risk and impact of workplace sexual harassment can increase for people who experience multiple, intersecting forms of discrimination and disadvantage.
This may include workers from culturally and linguistically diverse (CALD) or culturally and racially marginalised (CARM) backgrounds, and people who are insecurely employed such as casual, migrant and gig economy workers.
Who is a worker
‘Workers’ are people who carry out work in any capacity for a business, as defined under NSW’s work health and safety (WHS) laws. This may include:
employees
contractors or sub contractors
apprentices or trainees
work experience students
volunteers or interns.
Higher risk industries
Workplace sexual harassment can occur in any industry or occupation. The AHRC survey found that the following industries reported higher rates of workplace sexual harassment than the national average:
information, media and telecommunications
arts and recreation services
electricity, gas, water and waste services
retail trade
accommodation and food services .
Women are more likely than men to be sexually harassed in all industries, with women significantly more likely to have been sexually harassed in:
of women compared to 14% of men.
of women compared to 30% of men.
of women compared to 25% of men.
of women compared to 25% of men.
of women compared to 12% of men.
of women compared to 8% of men.
Why workplace sexual harassment is a WHS issue
Workplace sexual harassment creates risks to workplace health and safety. It can lead to psychological (mental) or physical harm – also known as a 'psychosocial' workplace hazard.
Under NSW’s WHS laws, businesses must ensure, so far as reasonably practicable, the health and safety of workers. This includes taking steps to eliminate or minimise the risk of sexual harassment.
Learn more about the role you can play in preventing workplace sexual harassment.
Resources
- Respect at work strategy 2023-2027 (PDF 2.47MB) – SafeWork NSW
- Workplace sexual harassment fact sheet (PDF 270.12KB) – SafeWork NSW
- Poster about a WHS approach to preventing workplace sexual harassment – SafeWork NSW
- Mental health at work – NSW Government
- Respect@Work hub – Australian Human Rights Commission
Translated resources
- Arabic - Workplace sexual harassment factsheet – SafeWork NSW
- Korean - Workplace sexual harassment factsheet – SafeWork NSW
- Simplified Chinese - Workplace sexual harassment factsheet – SafeWork NSW
- Traditional Chinese - Workplace sexual harassment factsheet – SafeWork NSW
- Vietnamese - Workplace sexual harassment factsheet – SafeWork NSW