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Understanding Workplace Sexual Harassment: What Constitutes Unacceptable Behaviour?

 

Workplace sexual harassment continues to be a significant challenge for Australian organisations despite increased awareness and stronger legislation. Many employees experience inappropriate behaviour that goes unaddressed – either because they don’t recognise what constitutes harassment or because workplace culture discourages reporting.

This comprehensive guide unpacks what sexual harassment looks like in Australian workplaces, the legal frameworks protecting employees, and proven prevention strategies. With clear policies and proper training, your workplace can foster respect and safety for all team members.

What Is Workplace Sexual Harassment Under Australian Law?

Workplace sexual harassment is defined under the Sex Discrimination Act 1984 (Cth) as any unwelcome sexual advance, request for sexual favours, or other unwelcome conduct of a sexual nature, in circumstances where a reasonable person would anticipate that the person harassed would feel offended, humiliated, or intimidated.

Under both the Fair Work Act and the Sex Discrimination Act, such behaviour is explicitly defined as unlawful in Australian workplaces.

It’s important to note that harassment need not be repeated to be unlawful. In fact, a single incident can constitute sexual harassment if it meets the legal criteria and creates an uncomfortable or unsafe environment for the recipient.

The behaviour can occur between:

  • Colleagues at the same level

  • Managers and their reports

  • Employees and clients

  • Contractors and permanent staff

How is Sexual Harassment Defined in Different Work Settings?

Sexual harassment doesn’t discriminate between work arrangements. Whether in traditional offices, remote settings, or hybrid environments, the same standards apply.

For remote workers, harassment might occur during:

  • Video conferences

  • Direct messaging platforms

  • Email exchanges

  • Virtual team gatherings

Many organisations incorrectly assume that remote work eliminates harassment risks. Digital communication can sometimes embolden inappropriate behaviour due to perceived distance or anonymity.

Conclusion

Sexual harassment has no place in Australian workplaces. By understanding what constitutes unacceptable behaviour, implementing robust prevention strategies, and responding effectively to incidents, organisations can create environments where all employees feel safe and respected.

Prevention requires ongoing commitment – not just compliance with legal minimums, but a genuine culture of respect embedded throughout the organisation. Under the Fair Work Act and the positive duty obligations in the Sex Discrimination Act, Australian employers now have clear legal responsibilities to take proactive measures against workplace sexual harassment.

Ready to strengthen your organisation’s approach to preventing workplace sexual harassment?

Sentrient offers comprehensive solutions that simplify compliance while creating safer workplaces. Our customisable training modules and policy templates are designed specifically for Australian businesses and reflect current legal requirements.

Take action today with Sentrient’s specialised training courses:

Contact Sentrient today to learn how our platform and training solutions can help your organisation build a culture of respect and compliance.

This given blog was originally published here: Understanding Workplace Sexual Harassment: What Constitutes Unacceptable Behaviour?

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