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SEXUAL HARASSMENT

SEXUAL HARASSMENT. XUE JI(ZOE) (C62153). DEFINITION. Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. various forms.

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SEXUAL HARASSMENT

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  1. SEXUAL HARASSMENT XUE JI(ZOE) (C62153)

  2. DEFINITION • Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated.

  3. various forms • unwelcome touching, hugging or kissing; suggestive comments or jokes; unwanted invitations to go out on dates or requests for sex; insults of taunts of a sexual nature or sexually explicit emails or SMS messages.

  4. legal obligations as an employer • have an appropriate sexual harassment policy which is effectively implemented, 1. monitored and communicated to all workplace participants. • take appropriate remedial action if sexual harassment does occur.

  5. The legal test for sexual harassment • the behaviour must be −−unwelcome; • it must be of a −−sexual nature; • it must be such that a −−reasonable person would anticipate in the circumstances that the person who was harassed would be offended, humiliated and/or intimidated.

  6. Distinguishment • Sexual harassment needs to be distinguished from general harassment or bullying that is not sexual in nature. • Other forms of harassment based on a person’s race, sexuality or disability, for example, would typically be unlawful under other anti-discrimination laws.

  7. Criminal conduct • Physical molestation or assault.. • Indecent exposure.. • Sexual assault.. • Stalking.. • Obscene communications such as telephone calls and letters.

  8. Sexual harassment is sex discrimination • In Australia, sexual harassment has been recognised by the courts to be a form of sex discrimination against women. • Because sexual harassment is generally experienced by women on account of their sex. • An act of sexual harassment against a woman will also be an act of sex discrimination.

  9. When is sexual harassment prohibited? • Understanding who is covered by federal sexual harassment legislation is the relationship between the harasser and the person being harassed. • Note that sexual harassment does not necessarily have to take place in the workplace to be unlawful. • Sexual harassment in employment may also take place in locations associated with work

  10. When is sexual harassment prohibited? • All employees are aware of and understand the organisation’s sexual harassment policy • Supported under high-level management • Regular training and information on sexual harassment to all staff and management are provided

  11. Essential elements of a sexual harassment policy • A strong opening statement on the organisation’s stance on sexual harassment • An outline of the organisation’s objectives regarding sexual harassment • A clearly worded definition of sexual harassment • Examples of sexual harassment that may be relevant to the particular working environment • Information on where individuals can get help, advice or make a complaint • Responsibilities of management and staff • The circumstances in which sexual harassment may occur

  12. The end Thank you

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