Workplace sexual harassment lawyers

What is sexual harassment?  

Under Australian law, sexual harassment is behaviour that would make a reasonable person feel offended, humiliated or intimidated. An alleged harasser’s intention behind their behaviour is irrelevant.  

Sexual harassment can be an unwelcome: 

• Sexual advance 

• Request for sexual favours 

• Conduct of a sexual nature 

Sexual harassment may be a one-off incident. It doesn’t have to be obvious, repeated or continuous behaviour. It can be any unwanted or unwelcome sexual behaviour that makes a person feel offended, humiliated or intimidated. It may include physical or verbal acts such as inappropriate advances, intrusive questions, inappropriate comments, staring, touching, sexually explicit messages, requests for sex or unwanted date requests, physical assault, indecent exposure and stalking.

If you experienced sexual harassment outside of the workplace our mental, physical and sexual abuse team are here to help.

Sexual harassment at work 

A survey by the Australian Human Rights Commission shows that one in three Australian workers have been sexually harassed at work in the last five years. Examples of sexual harassment in the workplace may include: 

• Physical behaviour such as staring, touching, indecent exposure or stalking 

• Verbal behaviour such as intrusive questions about your body, inappropriate or suggestive comments, inappropriate jokes, requests for sex or unwanted date requests 

• Online behaviour such as sexually explicit messages, or sharing inappropriate images or videos via email or social media 

• Activities such as displaying sexual images or content in the workplace 

A person may be sexually harassed at work by for example: 

• Co-workers or colleagues 

• Managers or supervisors 

• Clients or customers 

• Patients 

• Visitors to your workplace 

• Delivery people 

• Sub-contractors or employees on a shared worksite 

You may also not be the subject of sexual harassment at work, but witness it, for example if co-workers are sharing inappropriate content in your presence. 

Sexual harassment outside the workplace 

Sexual harassment can happen in the workplace as well as in public and private settings such as schools, universities, sporting teams, online or over the phone.  If you’ve been sexually harassed outside the workplace, our mental, physical and sexual abuse team can help. Find out more here. 

Who is responsible for sexual harassment in the workplace? 

The alleged harasser is responsible for their own behaviour in the workplace. However, under Australian law, sometimes employers can be held responsible for their employees’ sexual harassment at work. 

All employers have a positive duty to actively prevent sexual discrimination and sexual harassment in the workplace, rather than only responding after it occurs. The Australian Human Rights Commission has regulatory power under national sex discrimination law to investigate and enforce compliance with this positive duty.  

What injuries can you claim for sexual harassment at work?  

If you’ve been sexually harassed at work there’s a risk:  

• That you’re prevented from fully and equally engaging or completing your required duties 

• Of mental injury such as stress, depression or anxiety 

• Of physical injury, particularly where sexual harassment occurs alongside other anti-social workplace behaviours or escalates over time 

Our harassment lawyers can help with your claim for workers’ compensation. 

Workers' compensation experts across Australia

Workers' compensation varies significantly across states, from the governing bodies to how much you're entitled to. That's why having access to local support can make a real difference.

What is sexual harassment at work? 

The Fair Work Ombudsman describes sexual harassment as one-off, repeated or continuous: 

• Unwelcome sexual advance(s) or request(s) for sexual favours 

• Other unwelcome sexual conduct 

The unwelcome sexual behaviour can be:  

• Physical 

• Verbal 

• Online via email, messages or social media 

• Inappropriate behaviour such as displaying sexual images or content at work  

To be sexual harassment, the unwelcome sexual behaviour must have caused you to feel offended, humiliated or intimidated (as the person who was harassed or as a witness to sexual harassment at work). 

What to do if sexually harassed at work

Under Australian law, employers can sometimes be held responsible for their employees’ sexual harassment at work. If you’ve been sexually harassed at work, there’s a risk:  

• Of physical injury, particularly where sexual harassment at work escalates over time or is combined with other anti-social behaviours 

• Of psychological injury such as stress, depression or anxiety 

• You’ve been prevented from fully engaging or completing your required duties 

Depending on your injury from sexual harassment at work, you may be eligible to make a workplace harassment claim.