Sexual harassment in employment

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It is against the law to sexually harass;

• job applicants
• employees
• contract workers
• employers

"Tracy worked in a printing office. David, her immediate superior, asked her for a date. She declined the offer. After this incident, David became hostile towards Tracy. He made constant derogatory references about her appearance and began to criticise Tracy's work. One month later Tracy was dismissed. When Tracy attempted to explain to the manager that she was being sexually harassed, she was told "don't be a trouble maker".

Tracy lodged a complaint with the Equal Opportunity Commission. At conciliation, possible outcomes might include compensation for lost income, reinstatement and written apologies from both David and the employer. If Tracy was reinstated, David might be transferred to another section. The employer could also agree to implement a sexual harassment policy.

A person must not sexually harass another person in a workplace that is common to both of them.

WORKPLACE means any place where a person attends for the purpose of carrying out any function in relation to their employment, trade, occupation, business or profession. It needs not be the person's principal place of business or employment.

"Natalie had on going problems with her computer at work. Peter, a computer programmer, worked for the company that installed and maintained office computer systems at Natalie's workplace. When Peter worked on Natalie's machine, he left obscene messages on her screen."

Natalie could lodge a complaint of sexual harassment against Peter. It is possible that both Natalie's employer and Peter's employer might also be liable if they did not have policies and procedures in place, designed to prevent sexual harassment.

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Victorian Equal Opportunity and Human Rights Commission

Disclaimer Copyright Updated: 11 Jul 2003