Understanding Sexual Harassment in the Workplace
Everyone deserves to work in an environment that feels safe, respectful, and free from harm.
Yet sexual harassment remains a widespread issue in Australia, affecting people across industries, ages, and backgrounds. Research continues to show that a significant proportion of Australians have experienced some form of sexual harassment, and many of these incidents occur in or around work.
Under Australian law—including the Sex Discrimination Act 1984 and state and territory Work Health and Safety legislation—sexual and gender-based harassment is recognised as a psychosocial hazard. Employers now have clearer, stronger obligations to take proactive steps to prevent this behaviour, rather than respond to it after it occurs.
This article explains what sexual harassment is, how it manifests in workplaces, its impact, and what employers and workers need to know under the new Respect@Work reforms.
What Is Sexual Harassment?
Sexual harassment is unwelcome behaviour of a sexual nature that makes a person feel offended, humiliated, intimidated, or uncomfortable.
It can be:
Direct or subtle
A single incident or repeated behaviour
Verbal, physical, written, or digital
Importantly, the intention of the person engaging in the behaviour is not what matters. What matters is how the behaviour is experienced. This principle is reinforced by the Respect@Work reforms, which introduced a positive duty on employers to prevent sexual harassment
Common examples include:
Unwanted touching, kissing, or close physical contact
Sexualised comments, jokes, or remarks
Staring, leering, or intrusive looks
Repeated requests for dates or sexual favours
Sexual messages, images, or explicit content
Comments about a person’s body, gender, or private life
Offensive gestures or sounds
Sexual Harassment as a Workplace Hazard
Sexual harassment is also recognised under Work Health and Safety laws as a psychosocial hazard capable of causing both psychological and physical harm.
This means PCBUs and employers have a duty to eliminate, or where that is not reasonably practicable, minimise the risk of sexual & gender-based harassment.
Eliminate the risk of sexual and gender-based harassment as far as is reasonably practicable, and
Manage associated health and safety risks.
Harassment need not occur in the physical workplace to be unlawful. It can occur:
At work-related events
during travel or accommodation connected to work
when working remotely
at a client’s site
online (emails, messaging apps, social media)
Any connection to work can make it a workplace matter.
Who Is Considered a Worker?
The definition of “worker” under WHS laws is broad. It includes:
employees
contractors and subcontractors
labour-hire workers
apprentices and trainees
students on placement
volunteers
outworkers
people performing paid or unpaid work on behalf of the organisation
If a person performs work for the business, they are protected—and the organisation holds responsibility.
The Impact of Sexual Harassment
The effects of sexual harassment go far beyond the incident itself.
Research consistently links workplace harassment to:
Anxiety, depression, and trauma symptoms
sleep issues and lowered well-being
reduced confidence and self-esteem
high blood pressure and stress-related physical symptoms
disengagement and loss of motivation
increased absenteeism
turnover and career disruption
The financial impact on businesses is equally significant, with productivity losses, reputational damage, and the cost of managing complaints all contributing to long-term risk.
A workplace contaminated by harassment affects everyone, not just the person targeted.
The Positive Duty: New Employer Obligations
In December 2022, the Respect@Work reforms introduced a positive duty requiring all organisations—regardless of size—to take reasonable and proportionate measures to prevent workplace sexual harassment, sex-based harassment, discrimination, and hostile workplace environments.
This shifts organisations from a reactive posture (“we’ll deal with it when a complaint arises”) to a proactive approach.
Under the positive duty, organisations must:
Address gender inequality and power imbalances
Identify and manage psychosocial risks
Collect and analyse data on workplace incidents
Implement clear policies and reporting pathways
Provide information, training, and support
Take action early to prevent escalation
Monitor effectiveness and continuously improve
The aim is to create cultures where people feel safe to speak up—and where risks are actively managed.
Actions Employers Can Take to Prevent Sexual Harassment
Meaningful prevention requires both structural and cultural strategies. Employers can:
✔ Create a safe physical and online work environment
Proactive environmental design reduces risk and helps workers feel protected.
✔ Provide training, information, and clear behavioural expectations
A well-designed sexual harassment policy sets standards and demonstrates zero tolerance.
✔ Intervene early when behaviour seems inappropriate
Addressing issues promptly prevents harm and reduces legal exposure.
✔ Build a speak-up culture
Workers need multiple reporting options—including informal, formal, anonymous, and confidential pathways.
✔ Support workers affected by sexual harassment
Validation, confidentiality, and access to support services strengthen organisational safety.
If You Experience Sexual Harassment at Work
Sexual harassment is not acceptable and not lawful.
Depending on the situation, options may include:
Reporting the incident internally through your workplace’s process
Seeking assistance from HR or a trusted manager
Making an application to the Fair Work Commission
Lodging a complaint with the Australian Human Rights Commission
Contacting the police if criminal behaviour may have occurred
Support services such as Lifeline, Beyond Blue, Headspace, and mental health helplines can also assist.
If You Witness Sexual Harassment (The Active Bystander Role)
You can help contribute to a safer workplace by:
Interrupting or challenging inappropriate behaviour (if safe)
Offering support to the person affected
Reporting what you observed
Reinforcing respectful behaviour in your team
Active bystanders play a critical role in shifting workplace culture.
Final Thoughts
Sexual and gender-based harassment is not only unlawful, but it is also a preventable workplace risk. With the introduction of the positive duty, employers now have a clear mandate to take proactive, meaningful steps to create safer working environments.
If your organisation needs support implementing training, policies, reporting pathways or meeting its Respect@Work obligations, People & Co. Consulting can assist with tailored risk assessments, compliance tools, and trauma-informed guidance.
