Sexual Harassment
This page has information about sexual harassment and what to do if you are experiencing it.
What is sexual harassment?
Sexual harassment is any unwelcome sexual behaviour which is offensive, intimidating or humiliating.
It has nothing to do with mutual attraction or friendship.
Sexual harassment can take many forms. It can be obvious or indirect, physical or verbal. It includes behaviour that creates a sexually hostile or intimidating environment.
Sexual harassment can include behaviours such as:
- unwanted sexual advances like touching, staring or leering
- unwelcome requests for sex or invitations to go out
- sexual comments or jokes
- displaying sexually explicit pictures, posters or graffiti
- questions or comments about your private life
- unnecessary familiarity; and/or
- unwanted phone calls or personal letters
Sexual harassment can affect you in many ways. It can affect your work performance and opportunities and it can create a hostile or unpleasant work environment. It can make you feel insecure and fearful about your housing. It can seriously affect your studies and future career. It can affect your access to goods and services and your access to government services.
What is the law on sexual harassment?
The NSW Anti-Discrimination Act (1977) makes sexual harassment against the law if it takes place:
- in employment - when you apply for a job, or at any time during your employment. In many cases, employers may be held legally responsible for acts of sexual harassment carried out by their employees, if they do not have policies and programs in place designed to create a harassment-free workplace.
- when you apply to get into, or are studying in, any state or private education institution - State school, college, TAFE or university
- when you get, or try to get, most types of goods or services - for example, from shops, pubs and entertainment places, banks, lawyers, government departments, doctors, hospitals
- when you rent or try to rent accommodation - for example, a unit, house, commercial premises, hotel room, motel room, caravan
- when buying or selling land
- when taking part in a sporting activity - this includes people involved in organised sporting competitions, coaching or being coached in organised sporting competitions or officiating at an organised sporting event
- when you try to enter or join a registered club, or when you're inside one - a registered club includes any club that sells alcohol or has gambling machines
- in the administration of New South Wales laws and programs
If you are harassed somewhere else (for example, in your home or on the street), contact the local chamber magistrate or the police for advice and help.
The Federal Sex Discrimination Act (1984) also makes it unlawful for anyone to discriminate against you on the basis of your sex or sexuality, at work, in education or in the provision of goods and services or accommodation. What can I do if I am experiencing sexual harassment?
Ask the person harassing you to stop
Sexual harassment is against the law and you have the right to insist that it stop. You may be able to resolve the situation quickly and informally yourself by making it clear that the behaviour is unwanted and that you want it to stop.
Talk to someone you trust who is in a position of responsibility
If the person harassing you will not stop, or you do not feel comfortable asking them to, you could get help from someone you trust who is in a position of responsibility. For example, you could talk to your boss, a union delegate, your teacher, an EEO officer, the shop manager or a professional association. You could ask these people to tell you about the organisation’s sexual harassment procedure and how to make a complaint using this procedure.
Make a complaint to the NSW Anti-Discrimination Board
If you would prefer, or you cannot get a satisfactory resolution yourself, you can lodge a complaint with the NSW Anti-Discrimination Board (ADB). The enquiry staff at the Board will talk to you about how to do this.
The ADB can help even if you've already left your job because of the harassment. However, if you have reached the stage where you want to resign because of the harassment, contact them first. They may be able to help sort things out so that you don't need to resign.
For the ADB to be able to help, the harassment must have occurred in the last six months.
If you were harassed, either send them a completed discrimination complaints form or write a letter to the President of the Anti-Discrimination Board explaining what happened. You can write to the ADB in any language including braille.
If you have been assaulted you can also complain to the police and ask them to charge the person who did it.
The ADB investigates and conciliates complaints of discrimination, harassment and vilification. The ADB has the legal power to investigate your complaint and, if it's against the law, to conciliate it.
Conciliation involves bringing the two sides together to resolve the complaint on terms that are acceptable to both. The conciliation process is private, confidential and free.
If the complaint cannot be resolved by conciliation, it may be referred to the Equal Opportunity Division of the Administrative Appeals Tribunal - a court that provides a legal judgment that must be followed.
The result of the conciliation or determination will depend on your case. It could be:
- financial compensation
- that the person who harassed you is warned, transferred or dismissed
- that your employer will run an education program at work to try to ensure that others aren't harassed
- that anti-harassment policies are introduced and all staff and clients are educated about them
It's an offence for anyone to hassle or 'victimise' you because you've complained to the ADB.
The Australian Human Rights and Equal Opportunity Commission is also responsible for handling complaints under the Sex Discrimination Act 1984. The Commission’s President is responsible for inquiring into and attempting to conciliate complaints.
If a complaint can not be conciliated by the Commission, you may then apply to the Federal Court of Australia or the Federal Magistrates Service to have your allegations heard and determined.
For more information about sexual harassment and discrimination and making a complaint, see the NSW Anti Discrimination Board website and the Australian Human Rights and Equal Opportunity Commission website.
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