What Is Sexual Harassment in the Workplace? It’s Not Always Simple.
Many people wonder about the exact legal definition of sexual harassment in the workplace. To find the answer, we look to the Australian Human Rights Commission.
They define sexual harassment as an unwelcome sexual advance or unwelcome request for sexual favors. It also includes other unwelcome conduct of a sexual nature. This behavior makes a person feel offended, humiliated, or intimidated. Most importantly, a “reasonable person” would anticipate that reaction given the circumstances.
Can Harassment Be Unintentional?
Crucially, this situation can arise even if the person causing the unwelcome attention does not intend to be harmful.
Daily workplace life often includes sexually based humor, teasing, and general gossip. People frequently call this “banter.” Employees often accept this behavior just to feel like part of “the group.”
However, people often ignore the consequences of this banter. Even without a direct intention to humiliate, certain actions can constitute sexual harassment in the workplace. These include:
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Telling jokes with a sexual connotation.
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Circulating sexual images or materials.
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Using inappropriate nicknames for colleagues.
Understanding Employer Liability
Employers must understand their risks. You may become liable for a sexual harassment complaint arising from this behavior.
The matter becomes dangerous when “banter” targets individual employees with abuse. Even general talk can offend a co-worker. Every employee has a right to a workplace environment that is not permeated by regular sexual innuendo.
The Equal Opportunity Tribunal of Western Australia describes this as “quiet enjoyment” of employment. This concept extends beyond physical safety. It means employees should not have to work in an unsought, sexually permeated environment.
Protect Your Business and Your Staff
Employers must stay aware of these dangers. You should discourage any behavior that others could consider sexist or offensive.
Always encourage an environment where employees show mutual respect. If you remain aware of the sensitivities of your workmates, you reduce the basis for a complaint regarding sexual harassment in the workplace.
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