What is workplace sexual harassment

What is workplace sexual harassment

Workplace sexual harassment is: 

• any unwelcome sexual advance, request for sexual favours or other unwelcome conduct of a sexual nature that occurs in relation to work and;
• conduct that makes a person feel offended, humiliated or intimidated, where a reasonable person in the same circumstances would anticipate that reaction.

It doesn’t matter if the conduct is intentional or not. It can be a single incident or repeated conduct and can take many forms, including physical, verbal and online. It can be directed to an individual person or a group and can also affect anyone who witnesses the conduct.

Where it occurs

Workplace sexual harassment can occur:

• at a worker’s usual place of work, including where a worker is working remotely at home
• in any place where the worker is doing work, including when working offsite such as at a client’s home 
• during work-related activities such as a work trip, conference, event or work-related social activity
• by phone, email or online
• at worker accommodation, such as fly-in, fly-out sites.

Who is a worker

‘Workers’ are anyone who carries out work in any capacity for a business, including:

• employees
• contractors
• sub-contractors
• apprentices
• trainees
• work experience students and
• volunteers or interns.

Who it affects

Anyone can experience sexual harassment, in any workplace, across all industries. Some workers however, are at a higher risk of experiencing workplace sexual harassment. These include:

Common types of workplace sexual harassment

A 2022 Australian Human Rights Commission (AHRC) survey found the most common forms of workplace sexual harassment are:

• sexually suggestive jokes or comments
• intrusive questions about a person’s private life or physical appearance
• inappropriate staring or leering
• unwelcome touching, hugging, cornering or kissing
• inappropriate physical contact
• spreading sexual rumours or sexually offensive material
• repeated online requests to go on a date
• sexual assault (which is a criminal offence).

Why workplace sexual harassment is a WHS issue

Sexual harassment is a workplace hazard that can cause psychological and possibly 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.

You can read more about this in the Work Health Safety Act 2011 (WHS Act).

What causes workplace sexual harassment

There are many causes of workplace sexual harassment. While sexual harassment can affect any worker, regardless of their gender or role, gender inequality is a key underlying cause. Gender inequality is the unequal distribution of resources, opportunity and value given to people because of their gender.

Other workplace factors that can increase the risk and occurrence of sexual harassment include:

• a poor workplace culture 
• lack of diversity in the workforce
• limited understanding of the nature and causes of sexual harassment  
• no clear policies or ways of reporting
• reports not being taken seriously
• irresponsible use of alcohol 
• isolated or remote work
• highly hierarchical workplaces
• high contact with third-parties such as customers
• male-dominated industries.

Addressing underlying causes of workplace sexual harassment, as well as the harmful behaviours, will help to prevent workplace sexual harassment.

How it affects workers and businesses

Workplace sexual harassment can have significant impacts on workers and business performance.   

Workers

For workers, it can lead to:

• decrease in job satisfaction
• decreased work performance
• physical injuries
• psychological injuries such as depression and anxiety, post-traumatic stress disorder (PTSD).

Businesses

For businesses, it can lead to:

• decrease in staff retention
• decrease in staff productivity
• impact on staff recruitment
• negative impact on business reputation
• workers’ compensation claims
• action taken by SafeWork NSW.

Resources

• Work Health and Safety Act 2011 - NSW Government
• Work Health and Safety Regulation 2017 - NSW Government
• NSW Code of Practice: Sexual and gender-based harassment - SafeWork NSW
• NSW Code of Practice: Managing psychosocial hazards at work - SafeWork NSW
• NSW Anti-discrimination Act 1977 - NSW Government
• Sex Discrimination Act 1984 - Australian Government
• Positive duty explained (PDF 147.79KB) - SafeWork NSW