Sexual Harassment

What is sexual harassment?

Sexual harassment is any unwelcome sexual behaviour that causes a person to feel offended, humiliated or intimidated.

It can be physical, verbal or non-verbal, and can include written and/or electronic communication.

The harasser’s motivation or intention is not relevant. If the behaviour occurs without your consent, it is sexual harassment.

Incidents don’t have to be repeated to constitute sexual harassment. A single incident is still sexual harassment.

Sexual harassment can include things like:

• Unwelcome physical contact, including stroking, kissing, hugging, patting, pinching or any form of inappropriate touching;
• Unwelcome sexual approaches, like being ‘hit on’;
• Comments on a worker’s appearance, perceived attractiveness or physical attributes;
• Intrusive questions about an employee’s private life;
• Sexually suggestive or offensive comments, jokes or teasing;
• The display of sexually explicit material in the workplace;
• Pressure placed upon a worker to develop a relationship, i.e. someone repeatedly asking you out on dates;
• Sending sexually explicit pictures, texts or emails;
• Sexually suggestive gestures or looks, including whistling, catcalling or leering;
• Insults, taunts or ridicule of a sexual nature;
• Physical violence including sexual assault;
• Stalking

Keeping a record

If you have been, or are currently, a victim of and/or witness to sexual harassment in the workplace, it is useful to keep a record or a diary of any incident(s). You might jot this record down or paper, or make notes on your phone, or send yourself an email.

Any record that you are able to keep can help to form the basis of a complaint, either within your workplace or to an external body. We can assist RAFFWU members to make complaints, including to external bodies such as the Equal Opportunity Commission or Australian Human Rights Commission. As always, we will be guided by what our members want, and we will not take steps towards formal complaint procedures without your agreement.

When keeping a record of workplace sexual harassment, it is useful to include the basics of “When, Who, What, Where”:

• When did the incident take place? Record the date and the time of day.
• Who was involved in perpetrating the harassment, and who was it perpetrated against?
• Where did the incident(s) take place? (i.e. in a stockroom, on the shop floor, in the store carpark, etc.)
• What happened?

You can note any witnesses to the incident(s), and it is also useful to keep a copy of any text messages, emails, photos, etc. that may be relevant.

What obligations does my employer have?

Employers must recognise and treat sexual harassment as a Workplace Health and Safety (WHS) risk.

By law your employer has a positive duty to prevent sexual harassment and victimisation in the workplace. This means your employer has a responsibility to do all they reasonably can to eliminate the risk of sexual harassment at work.

Your employer must be proactive and take preventative action to eliminate sexual harassment in the workplace.

An employer can be found legally responsible for the actions of its workers if the employer failed to prevent or properly respond to the harassment.

Your employer must:

• Develop a workplace sexual harassment prevention plan

This workplace plan should include a sexual harassment policy, and should be developed in consultation with workers. The policy should clearly outline the definition of sexual harassment and state that sexual harassment is unlawful, and it should clearly outline a complaints procedure that workers can engage with if they experience sexual harassment in the workplace.

A workplace sexual harassment policy should make clear that sexual harassment is not tolerated, and that acts of sexual harassment perpetrated by employees and/or management can be a valid reason for dismissal under the Fair Work Act 2009.

The workplace sexual harassment prevention plan and sexual harassment policy should be displayed around the workplace and be easily accessible to all workers.

Click on the dropdown box below for a list of the minimum requirements for a sexual harassment policy as outlined in the Victorian Human Rights Commission Guideline: Preventing and responding to workplace sexual harassment. These are a guide to what such a policy should include.

• Provide workers with ongoing education and training

All employers must provide and maintain safe systems of work, and give employees the necessary information, instruction, training and supervision to do their job safely and without risks to health.

Workers must be educated and trained on the causes of sexual harassment, along with how to identify and report it. Workers must also be made aware of their reporting options both within the business and externally, should sexual harassment occur.

Additionally, managers and supervisors must be trained on how to respond to sexual harassment disclosures and their responsibilities as an initial contact person.

• Assess any risk factors in the workplace

For instance, a young and/or otherwise vulnerable workforce; a geographically remote workplace; late-night trading or otherwise antisocial business hours; work that requires close physical proximity to other workers and/or customers, etc.

• Allow a support person to be present

Employers must allow a support person to be present when an individual makes a sexual harassment complaint and throughout the complaint procedure. Employers must also ensure all workers are aware of this workplace entitlement.

RAFFWU will stand up for your safety

We encourage any RAFFWU members who have experienced and/or witnessed sexual harassment in their workplace to contact us for assistance, representation and advocacy.

You can contact us Monday to Friday, 9am to 5pm:

Support

If you or someone you know has been impacted by the content of this webpage, we encourage you to contact the services we have listed below. In an emergency, please contact 000.

1800RESPECT: Confidential information, counselling, and support service open 24 hours to support people who have been impacted by sexual assault, domestic or family violence and abuse.

• www.1800respect.org.au
• Ph: 1800 737 732

Lifeline: 24/7 crisis support services from trained professionals. Free from mobiles and the cost of a local call from a landline.

• www.lifeline.org.au
• Ph: 13 11 14