Fair Work Ombudsman: Sexual harassment

The federal government Fair Work Ombudsman provides information about changes to the law (Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021) which define “sexually harass” and expand the anti-bullying legislation to allow the FWO to make orders to stop sexual harassment at work.

Sexual harassment can include:

  • unwelcome touching
  • staring or leering
  • a suggestive comment or joke
  • an unwanted invitation to go out on a date

It is important to note that the definition of “harass” is different to the dictionary definition to annoy or trouble someone repeatedly.

Sexual harassment doesn’t have to be repeated or continuous. It can be a one-off incident.

Also, the intention of the alleged harasser doesn’t matter. The test is whether the person being harassed is offended.


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