Sexual harassment
A recent survey by Victoria’s Equal Opportunity Commission (EOC) has revealed sexual harassment has become a growing problem for men in the workplace. The number of claims involving males has risen from 5 per cent in 1996 to 25 per cent in 2004. The survey also found most workers had either witnessed or experienced sexual harassment but many had not reported it.
The Equal Opportunity Act 1995 (Vic) prohibits sexual harassment and this applies to employers and employees. The Act defines sexual harassment as:
- an unwelcome sexual advance; or
- an unwelcome request for sexual favours; or
- any other unwelcome conduct of a sexual nature in circumstances where a reasonable person would have anticipated the other person would be offended, humiliated or intimidated.
The Sex Discrimination Act 1984 (Cth) also defines the nature and circumstances in which sexual harassment is unlawful. The Act complements and overlaps the provisions of the Equal Opportunity Act 1995.
Examples of sexually harassing behaviour include:
- unwelcome touching;
- staring or leering;
- suggestive comments or jokes;
- sexually explicit pictures or posters;
- unwanted invitations to go out on dates;
- requests for sex;
- intrusive questions about a person’s private life or body;
- unnecessary familiarity, such as deliberately brushing up against a person;
- insults or taunts based on sex;
- sexually explicit physical contact; and
- sexually explicit emails or SMS text messages.
Every employer should have in place a written policy prohibiting sexual harassment and an effective complaint handling procedure.
If an employee believes an employer has sexually harassed them, they can make a complaint to the EOC. The EOC has authority to investigate complaints, negotiate with the employer and seek a resolution of the problem. It is unlawful for a person to be victimised for making, or proposing to make, a complaint of sexual harassment to the Human Rights and Equal Opportunity Commission.
If the complaint remains unresolved, it may be referred to VCAT’s Anti-Discrimination List.
More information
Employment Law, information brochure. Available from the LIV or ask your solicitor.
From the LIV Bookshop
Discrimination and Equal Opportunity Law and Practice, C Ronalds, $45
Human Resources Discrimination Law and Practice, R Pepper, $49
Useful web links
EOC, www.eoc.vic.gov.au
Human Rights and Equal Opportunity Commission, www.hreoc.gov.au
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Brendan Kelly of Kenna Teasdale Lawyers, Melbourne. | 
