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Sexual Harassment is Unacceptable.
It is unlawful under the Equal Opportunity Act 1984 to sexually harass a person.
Under the Equal Opportunity Act sexual harassment includes an unwelcome sexual advance or request for sexual favours or unwelcome conduct of a sexual nature.
The behaviour must be such that the harassed person has reasonable grounds to believe if they reject the advance, refuse the request or object to the conduct they will be disadvantaged, or they are in fact disadvantaged.
Sexual harassment can take numerous forms including but not limited to:
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Unwelcome physical touching, hugging or kissing
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Staring or leering at someone, or at parts of their body
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Suggestive comments or jokes
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Insults or taunts based on sex
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Sexually explicit pictures, e-mails or text messages
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Intrusive questions about an employee's private life or body.
It is unlawful to sexually harass an employee, a co-worker, a potential employee or employer, commission agent or contract worker.
Section 160 of the Act states:
"A person who causes, instructs, induces, aids or permits another person to do something that is unlawful under the Act shall, for the purposes of the Act, be taken to have done the act."
Organisations must ensure they provide a working environment free from sexual harassment.
Organisations are liable for the unlawful action/s of their employees unless they can show they have taken all reasonable steps to prevent sexual harassment.
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