Sexual harassment in the goods and services

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A person must not sexually harass another person in the course of:

• providing or offering goods or services
• receiving or selecting goods or services
• selling land.

It is irrelevant whether the goods or services are provided or received for payment.

"Maria was interested in purchasing a new car. She went to a car yard and spoke with Dan, a car salesman. Dan offered Maria a test drive of the new model. While Maria was driving, Dan put his arm around her shoulders. Maria was uncomfortable with this familiarity but was too intimidated to ask Dan to remove his arm. He then asked Maria out on a date. Maria declined the offer. Dan persisted, telling Maria that he was "great in bed". Angry and distressed Maria drove back to the car yard and left immediately."

Dan's conduct could constitute sexual harassment under the Act.

"Jenny works as a receptionist in a medical clinic owned by Ming. Greg receives on going medical treatment at the clinic where Jenny and Ming work. When Greg visits the surgery he makes sleazy comments to Jenny and about Jenny to the other patients in the waiting room. When Jenny told Ming what was happening, Ming said to Jenny "I know it's a drag but you've got to develop a thick skin."

Distressed, Jenny lodged a complaint with the Commission against both Greg and Ming. At conciliation, possible outcomes might include Ming providing an apology for not treating Jenny's concerns seriously and an undertaking to implement a sexual harassment policy in the workplace. Greg might provide an apology and agree to seek medical treatment elsewhere.

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Victorian Equal Opportunity and Human Rights Commission

Disclaimer Copyright Updated: 12 Aug 2009