Inappropriate Touching in the Workplace

All employees have a right to work in an environment that’s both safe and respectful. Inappropriate touching at work can cross these professional boundaries and cause serious harm to both employees and their employers. Inappropriate touching can take many forms, including unwanted hugs, brushing up against someone, groping or kissing. These can all erode an employee’s self-confidence, further increasing the risk of a toxic workplace. As employees, you should also understand the rights you have in Australia and the steps you can take to respond appropriately to any unprofessional behaviour.

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What is Inappropriate Touching in the Workplace?

While there are forms of physical contact that are customary at work, such as a handshake or tap on the shoulder, all contact between you and a colleague should be kept strictly professional.

Any physical contact that is unwanted, or makes you feel uncomfortable, threatened or assaulted, constitutes inappropriate touching. This can include seemingly minor acts such as placing a hand on a colleague’s shoulder, to more explicit actions such as brushing up against someone, groping or pinching.

When Is Touching in the Workplace Considered Harassment?

As a general rule, any inappropriate touching without permission that makes a person feel uncomfortable, should be treated as sexual harassment. This is supported by Australia’s Fair Work Commission, which states that sexual harassment is any unwelcome physical contact, with a reasonable possibility the victim feels offended, humiliated, or intimidated.

Unlike Australian laws around bullying, which require repeated behaviour, sexual harassment can be just a one-off incident. It also doesn’t matter your gender, age or position in the business, anyone can be harassed in the workplace.

Consequences for harassment for the perpetrator can range from potential contract termination, fines or even imprisonment. For the employer, unless they prove they took all reasonable steps to prevent any harassment from occurring, this may result in fines or legal action under the Fair Work Act.

Importantly, workplace sexual harassment isn’t limited to the office. Under Fair Work, employees can make legal complaints about behaviour that occurs outside the workplace, such as at work-related events, holiday parties, conferences, or team outings. Particularly if that behaviour has a reasonable potential to impact the working environment.

10 Examples of Inappropriate Touching

Unwanted touching can manifest itself in many forms. The following are 10 examples of inappropriate touching you may experience in the workplace:

  1. Unwanted hugs or kisses: A colleague greets you with a hug or kiss, even after asking them to stop.
  2. Unwelcome touching of any part of a person’s body without consent: A manager puts their hand on your back or leg during a meeting without asking for your permission.
  3. Unwanted sexual advances or requests for sexual favours: Your supervisor repeatedly touches your shoulder while making overly suggestive comments.
  4. Invasion of personal space: A colleague repeatedly enters your personal space or stands very close to you during conversation, making you feel uncomfortable.
  5. Standing or sitting uncomfortably close: Before a meeting, a manager purposely chooses a seat directly next to you and purposely leans in.
  6. Massaging any part of a person’s body: A colleague massages your neck, without asking for your permission.
  7. Slapping, punching, or hitting: Your boss repeatedly slaps or punches your arm in a jovial manner, but it comes off as overly aggressive and unprofessional.
  8. Groping: A colleague touches a part of your body in a sexual manner.
  9. Brushing against someone: A colleague repeatedly brushes up against you in a crowded space, such as an elevator or hallway.
  10. Any contact that makes the individual feel uncomfortable or unsafe: Can constitute even seemingly small actions, such as a colleague touching your hand or leg, that leave you feeling uncomfortable.

Impacts on Individuals and Workplaces

Inappropriate touching can have a damaging effect on both your fellow employees and the wider business. These potential impacts include:

  • Negatively affect psychological well-being: Unwanted touching can hurt your psychological well-being and may lead to further mental health complications. This behaviour can also instigate or exacerbate feelings of depression, anxiety and undermine self-confidence.
  • Potentially create physical health problems: On the extreme end, physical acts between employees can cause harm. Especially as the consequence of workplace violence, such as pushing, shoving, or hitting, may lead to cuts, bruises or more serious injuries. While rare, these encounters may be more common in high-pressure workplaces.
  • Increase the risk of workplace accidents: Workplace safety is built on trust. Without it, employees are less likely to report potential hazards or look out for the safety of their fellow workers. Because inappropriate behaviour can lead to a trust breakdown, a workplace may be less safe and more prone to accidents. This is important if you’re working in industries with stringent health and safety, such as agriculture, construction or mining.
  • May create a toxic workplace, decreasing productivity and increasing turnover: When inappropriate actions aren’t properly addressed, they may create a toxic workplace environment. The most successful businesses are built on a mutual respect between employees and their employers. Therefore, if employees don’t feel like their grievances are being handled properly, morale levels can drop, which can reduce productivity.

What to Do When Someone Touches You Inappropriately at Work

If you are the victim of inappropriate touching at work, you should understand the steps you can take:

  • Process your emotions: Take a moment to process the action and how it made you feel, before thinking about your response. This can allow you to process your emotions to produce calm, professional action.
  • Document each incident: Try to document the instances when someone touches you inappropriately. This information can be used later for identification, and should include dates, details on the action and other witnesses present.
  • Ask the person to stop: If you feel comfortable, addressing the person privately may help solve the problem. This can allow you to have a conversation on why the action affected you and to focus on solutions. Taking this approach can be beneficial for both parties, particularly if the initial action was unintentional. Although you should be aware that there are other avenues to reporting if you don’t feel comfortable speaking directly to the offender.
  • Report the inappropriate touching: If you don’t feel comfortable addressing the person directly, or the behaviour is repeated, filing a complaint may be necessary. Your employer should have clear policies for reporting any unprofessional actions, safely and discreetly. This will typically involve reporting the issue to your supervisor or escalating it to human resources.
  • File a claim: If you feel the action wasn’t taken seriously by your employer, you can choose to file a report to a government body. Employees can contact the Fair Work Commission, which is the national workplace relations tribunal, which may step in to address the harassment directly with your employer. Furthermore, if you have experienced sexual assault and would like to make a complaint to the police, you should find their available contacts here.

What Protections Do Employees Have?

Employees in Australia have a fundamental right to work in an environment free from any inappropriate contact. Employees are protected from harassment under several key pieces of legislation. These include:

  • Sex Discrimination Act 1984: This Act is one of the major safeguards for employees against any unwanted physical contact. This law provides protection from sexual harassment, and allows victims to report behaviour directly to the Australian Human Rights Commission (AHRC), who have the authority to investigate workplace complaints and provide independent support. Employees can exercise their legal rights by contacting the AHRC here.
  • The Fair Work Act 2009: If you are concerned about retribution from your employer for speaking up against issues such as bullying or harassment, you are safeguarded by the Fair Work Act. This protects employees from any unfair dismissal for exercising their basic workplace rights, and ensures you can’t be legally punished for raising a complaint.
  • Work Health and Safety Act 2011: An added protection for employees against harassment, this Act puts requirements by law for employers to create a safe working environment. It states that employers have a duty to eliminate risks to the health and safety of workers so far as is reasonably practicable. This includes addressing any form of workplace harassment or physical misconduct. Under the Act, employees have the right to report anything that appears to be unsafe at work, including any unprofessional touching, without fear of reprisal.

What Should Workplaces Do To Combat Inappropriate Touching?

Workplaces have a legal obligation to establish clear protections for their employees. This means providing up-to-date information and training to employees about the importance of preventing any unprofessional actions. They should have clear policies that directly outline what constitutes inappropriate contact, with procedures for dealing with any grievances promptly and confidentially.

These obligations are directly outlined in the Sex Discrimination Act 1984. Under this act, Employers have a positive duty to eliminate the following behaviours:

Doesn’t matter how big a business is, all employers across Australia must satisfy this positive duty. This means a focus on implementing preventative action, rather than waiting for a report to be made. More information for employers on their responsibilities under positive duty can be found by visiting the Australian Human Rights Commission. Failure to uphold these standards, and employers finding themselves liable for legal action.

By reporting any unprofessional touching that occurs, you can help promote a positive workplace for both you and your fellow employees. Inappropriate touching refers to any physical action towards you that’s unwelcome and makes you feel uncomfortable. These can include groping, hugging, brushing up against a colleague or kissing. As an employee, you should understand you have the right to report any of this behaviour, as businesses have an obligation to protect their workplace. To learn more about inappropriate comments and your rights and obligations, contact our team at Positive Duty.