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Understanding Sexual Harassment: Definitions, Legal Obligations, and Workplace Policies

Sexual harassment is defined as unwelcome sexual conduct that offends, humiliates, or intimidates a person. It includes various behaviors such as unwanted touching, suggestive comments, and inappropriate messages. Employers must have effective sexual harassment policies in place, provide training, and take remedial actions when harassment occurs. It is crucial to distinguish sexual harassment from general harassment. In Australia, it is recognized as a form of sex discrimination, impacting primarily women. Understanding these elements is essential for fostering a safe workplace.

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Understanding Sexual Harassment: Definitions, Legal Obligations, and Workplace Policies

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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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