Sexual harassment is any unwelcome sexual behaviour that can make someone feel intimidated, offended, humiliated and even scared. It can take place at work, school or parties, and can be one single incident or repeated over and over again. Sometimes the offender does not know it is sexual harassment and may even say it was just a joke. However, sexual harassment is clearly defined and against the law. Read on for examples of sexual harassment to help you understand your rights and responsibilities.
What is Sexual Harassment?
Sexual harassment is any uninvited sexual behaviour that makes the person feel victimised, humiliated, intimidated, offended or scared. It can be via text, email, online, or in person. What constitutes sexual harassment might include unwelcome touching, leering or staring. It could be persistently asking a person out on a date when they have already refused. Sexual harassment does not have to be physical, and can also include sexual comments, inappropriate jokes, or showing offensive materials. To be considred sexual harassment, there must be a reasonable expectation that the person on the other end of it would be offended, intimidated or humiliated by the behaviour.
Examples of Sexual Harassment
Sexual harassment can happen in a variety of settings, from the workplace and educational institutions to social events and the shops. It is important to know if you are being sexually harassed or harassing someone as it is against the law. Perpetrators can face charges in both civil and criminal court. If you are being sexually harassed at work, employers are now liable as well, so it is essential to understand what constitutes sexual harassment.
There are three forms of sexual harassment that can occur in the workplace or public settings – verbal sexual harassment, non-verbal sexual harassment, and physical sexual contact.
Verbal Sexual Harassment
Verbal sexual harassment refers to things said of a sexual nature that are not welcomed by the recipient. It could be sexual comments that are said out loud in front of work colleagues or to the unwilling recipient. The inappropriate comments may refer to a person’s body or appearance, be sexually suggestive, or uncomfortable requests for dates or sexual favours. Verbal sexual harassment can include offensive jokes, innuendo, insults, using sexually suggestive nicknames, or speaking in a sexual manner that makes the recipient feel offended or humiliated.
Example 1.
In the case of Taylor vs August, the complainant was subjected to verbal sexual harassment from her employer. The employer constantly made comments about Ms Taylor’s body and declared romantic feelings as well as inappropriate touching and gift giving. The employer’s actions made Ms Taylor feel uncomfortable and unsafe to the point where she developed anxiety and depression. Ms Tate then accused her employer of sexual harassment and the case took place before the positive duty laws under the Sexual Discrimination Act where she was awarded over $250,000 in damages.
Example 2.
A female traffic control worker was sexually harassed by a male co-worker who consistently made personal comments, questions, noises and gestures of a sexual nature to her. This went on for five months on a daily basis at every shift. The verbal harassment escalated to the point where the woman could not cope at work any more and resigned. After that she experienced an emotional breakdown and suffered from a depressive disorder. She eventually took legal action and accused the co-worker of sexual harassment and was awarded over $100,000 in damages for unwanted sexual comments in a male dominated workplace.
Non-verbal Sexual Harassment
Non-verbal sexual harassment includes any form of sexual communication other than speech that makes the recipient feel uncomfortable or unsafe. It is not verbal but also not at the point of physical sexual conduct. This could be through emails or text messages that are suggestive or sexually explicit. Apart from electronic communication, non-verbal sexual harassment can also be staring, looking someone up and down, stalking or following someone, blowing kisses or winking, showing sexually explicit videos or even blocking a doorway.
Example 1.
In the case Yelda vs Sydney Water, the complainant was sexually abused non-verbally. She had modelled for a workplace poster that promoted spine safety. However, when the poster was published, it had a photo of her with the slogan ‘Feel great – lubricate”. Ms Yelda was not only mortified at the poster and slogan but was then subjected to mocking emails with sexual connotations from her co-workers. She was also then made the subject of crude jokes. After taking legal action, Ms Yelda was awarded $200,000 in damages for distress, psychological harm and loss of earnings.
Example 2.
A young retail worker who worked alone with her male employer was being sexually harassed when her boss insisted on standing close to her. This physical proximity is non-verbal but not quite physical either but made her feel uncomfortable. In the store, where there was plenty of room for him to move further away, he would come and stand over her. She would back away when she could and constantly asked him to not stand as close but he kept doing it. He would always look her up and down in a suggestive way. Eventually, the young woman resigned from the workplace as it was too uncomfortable and humiliating.
Physical Sexual Contact
Physical sexual contact is not acceptable in the workplace and is considered either sexual harassment or sexual assault, depending on the severity of the situation. This type of harassment involves touching of a sexual nature or unwanted physical contact. This may include groping, brushing against someone’s body, patting, hugging, kissing, or touching intimate body parts. Victims of physical sexual harassment find it particularly traumatic and experience feelings of violation, powerlessness and discomfort.
Example 1.
A woman was working at a laundromat and subjected to escalating unwelcome physical attention from her boss. When she rejected his advances, he would withhold work from her. Every shift he would inappropriately touch her bottom and legs, ask her for massages and force her to touch him. She eventually went to the police and reported the behaviour. It became a criminal matter in the District court and went to the tribunal where the employer was charged with physical sexual harassment. It was found that the conduct constituted both sexual harassment and sexual discrimination. The woman was awarded over $150,000 in damages.
Example 2.
A woman was employed as an office administrator when the physical sexual harassment occurred. At after work drinks, a work colleague subjected her to physical intimate acts that were unsolicited. The perpetrator forced her to go to a back room and physically assaulted her. The victim told her family who took her to the police the following day. The complainant was traumatised and unable to work and received $135,000 in damages, and the perpetrator was charged with a criminal offence.
What To Do If You Have Been Sexually Harassed
Everyone has the right to feel safe at work, school or out in public. If you recognise any of these situations and feel that you have been harassed, there are a number of things you can do.
- Keep a record. Sexual harassment is extremely concerning for the recipient and one thing you can do is keep a record of when and where it is happening. If you have texts or emails, keep them as evidence.
- Tell the perpetrator to stop. If you feel safe around the perpetrator, tell them to stop. Explain that the behaviour is inappropriate and makes you feel uncomfortable.
- Report the sexual harassment. You should never tolerate sexual harassment in any situation so it is important to report it. If it is happening in the workplace, employers have a duty of care to prevent sexual harassment. Under the Equal Opportunity Act, employers have a positive duty to provide a safe workplace and to take all reasonable steps to prevent sexual harassment at work. At work, report to your employer, supervisor, human resources department, or even a close work colleague and ask them to take action about the harassment. If at school, go to a teacher, principal, or professor that you trust. If the sexual harassment is happening outside of work or school, report to police.
Sexual harassment is an unacceptable behaviour that should never be tolerated. Our article provides examples of sexual harassment to help people and perpetrators recognise and prevent it. Employers and schools now have a legal obligation to protect employees and students. For more information about liability and compliance, contact the friendly team at Positive Duty.
