Equal Opportunity On Line Training Module 2: Sexual Harassment & The Law

Sexual Harassment Defined

Sexual harassment is the most common form of complaint to the Human Rights and Equal Opportunity Commission (HREOC), an independent statutory authority established to promote and protect the rights of all people in Australia. A large proportion of complaints relate to sexual harassment in the workplace. Under state (Victorian Equal Opportunity Act 1995) and federal law (Sex Discrimination Act 1984), sexual harassment is a legally recognised form of sex discrimination and is therefore unlawful.

Under the law, sexual harassment occurs when a person's behaviour is:

• unwelcome
• of a sexual nature, and
• considered reasonably likely to offend, humiliate or intimidate.

So What Constitutes UNWELCOME Behaviour?

Unwelcome means that the behaviour is uninvited and unsolicited and the person subjected to it must find it undesirable, offensive, humiliating or intimidating.

Under the law, it is irrelevant if the behaviour does not offend everyone or has been an accepted feature of the work or learning environment in the past. Individuals react and perceive behaviour in different ways. A person may think their behaviour is harmless and innocent while the recipient of that behaviour may find it distasteful and hurtful. With respect to sexual harassment the law recognises that people will experience things differently depending on a number of factors (for example their age, racial or cultural background, position and status) and the circumstances under which the behaviour occurs.

In addition, behaviour that might be acceptable in one context may not be acceptable in another. For example, what may be acceptable socially or in our private life can be unacceptable in a work or educational context.

Does Sexual Harassment Have To Be Intentional?

Different individuals react and perceive behaviour in different ways. A person may think that their behaviour is innocuous and innocent while the recipient may find it distasteful but go along with it to avoid confrontation.

The definition of sexual harassment does not require intent on the part of the person being accused but is based on the subjective experience of offence, humiliation or intimidation. Innocent intention cannot be used as a defence in sexual harassment cases and staff and students at Monash have an obligation to be aware of what is likely to constitute sexual harassment and to refrain from these actions.

Sexual harassment is known to have severe consequences for those subjected to it impacting on a their ability to perform at work or study and often on their personal lives. Complaints of sexual harassment at Monash must be taken seriously.

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