Preventing workplace sexual harassment

Everyone in a workplace has responsibilities to prevent sexual harassment.

Find out what steps employers and businesses can take to protect their workers and their business. This includes responding appropriately to a report or complaint.

On this page:

Our information is a guide

The information on this page is general guidance only. You may wish to seek independent advice about your specific circumstances. Find out how at Legal help.

Importance of prevention

Sexual harassment is against the law. It can cause physical and psychological harm, and can negatively impact a business or organisation by:

  • harming workers and others
  • decreasing productivity
  • increasing absenteeism and staff turnover
  • causing reputational damage
  • increasing insurance and legal costs.

Employers must take all reasonable steps to prevent and respond to sexual harassment at work to meet their obligations and protect their workers from harm. Learn more at Duty to prevent and respond to sexual harassment.

Tip - A worker’s responsibility

Workers also have a role in preventing workplace sexual harassment. Find out more at Workers and workplace sexual harassment prevention.

Vicarious liability and reasonable steps

If reasonable prevention steps aren’t taken, employers or principalsA person or company that engages an independent contractor to perform work. are at risk of being legally responsible for any sexual harassment committed by their employees or agents in connection with work. This is known as vicarious liability and is set out in the Fair Work Act as well as the Sex Discrimination Act.

To minimise this risk, employers or principals need to demonstrate that they have taken all reasonable steps to prevent sexual harassment from occurring in their workplaces. This includes responding appropriately to resolve incidents of sexual harassment.

What is considered ‘all reasonable steps’ may be different from one business to another.

Learn more about vicarious liability.

What you can do next

Use the below steps to help prevent and respond to workplace sexual harassment.

Understand your obligations

Employers must take reasonable measures to eliminate, as far as possible, workplace sexual harassment. Learn about the sexual harassment laws that cover you and your business, and the rules you must follow to protect your workers, at Rules about workplace sexual harassment.

Positive duty guiding principles and standards

The Australian Human Rights Commission (AHRC) provides detailed guidance to help employers meet their positive duty in the Sex Discrimination Act. This includes information on the 4 guiding principles and 7 standards that they expect all relevant businesses to meet.

Following the guidance provided by the AHRC on how to satisfy the positive duty will also help employers to demonstrate that they are not vicariously liable under the Sex Discrimination Act.

Access AHRC’s guidance material at The positive duty in the Sex Discrimination Act.

Set up workplace policies and procedures

Create a sexual harassment policy and a procedure to respond to internal sexual harassment reports. Regularly review these policies and procedures so that they‘re up to date with the law and best practice. Make sure any updates are clearly communicated to employees.

Tip: AHRC’s positive duty guiding principles and standards

Remember to keep AHRC’s positive duty guiding principles and standards in mind when setting up your workplace policies and procedures.

For example, your policies and procedures should:

  • involve consultation
  • advance gender equality
  • acknowledge intersectionality
  • be person-centred and trauma-informed.

Manage work health and safety risks

Take steps to manage work health and safety risks. Remember, work health and safety laws require you to proactively manage risks to workers’ health and safety by identifying hazards, assessing risks, implementing control measures, and monitoring and reviewing their effectiveness.

Tip: Use Safe Work Australia’s Model Codes of Practice for practical guidance on how to manage work health and safety risks

Foster a workplace culture that supports the prevention of sexual harassment

Create a workplace culture that empowers employees to raise safety concerns, report unlawful conduct, minimises harm and holds people accountable for their actions.

To do this, you can:

  • have clear and visible support from management for your prevention of sexual harassment policy
  • address unwanted or offensive behaviour early
  • encourage reporting of sexual harassment
  • treat all reports seriously.

Employers should take steps to prevent and address unwanted or offensive behaviour by customers and clients. You can consider steps such as displaying signs that set expectations about customer behaviour and, in certain circumstances, refusing service to a customer.

Tip: Support active bystander action

People who witness sexual harassment at work can take action to support someone who has experienced it and prevent it from happening again. This is called being an active bystander. Find out more, including how a business can support bystander action, at Diversity Council Australia’s website.

Make support available and accessible

Make sure sexual harassment support is available and accessible. You can:

  • have clear pathways for employees to ask questions and discuss concerns or complaints about sexual harassment in the workplace if they choose to. For example, appointing and training people in your business as harassment contact officers.
  • provide information to employees and others on available support. For example, having information displayed in a central spot for easy access and included in relevant training.

Find information about services available at Sexual harassment support services.

Provide information and training

Provide information and training to all staff on preventing and responding to sexual harassment at work. This includes ensuring all employees:

  • are aware of, and know where to find, your sexual harassment policy and procedures
  • understand their workplace responsibilities
  • understand what conduct or behaviour may be sexual harassment
  • can identify and respond to incidents of sexual harassment
  • know where they can get support within and outside the workplace.

For example, you could:

  • include this as part of your induction process for new starters
  • have all employees complete refresher training on a regular basis to build awareness and knowledge
  • have specialised training for managers and supervisors on their responsibilities
  • have detailed training for those who are appointed to answer questions and discuss concerns or complaints about sexual harassment (such as harassment contact officers).

Tip: Access online training

You can access online courses, including:

  • the Fair Work Commission’s online workplace sexual harassment course
  • the AHRC’s series of eLearning courses, animations and webinars to help organisations and businesses understand the positive duty in the Sex Discrimination Act, at Positive duty.

Respond appropriately to a report or complaint

Treat all reports or complaints seriously and investigate them promptly. When dealing with a report of sexual harassment, remember to:

  • follow your relevant policy and procedure
  • provide information on available support services
  • give those involved clear information about the process
  • prioritise the safety, privacy and wellbeing of the person affected
  • ensure confidentiality is maintained
  • be consistent and timely
  • ensure consequences are consistent and proportionate.

Consider whether the report identifies a work health and safety risk that hasn’t been adequately controlled and what further steps you may need to take.

Tip: Person-centred and trauma-informed response

Being person-centred and trauma-informed is one of 4 guiding principles the AHRC expects organisations and businesses to consider and apply when taking action to address sexual harassment.

A trauma-informed and person-centred approach to safe and respectful workplaces means that the employer:

  • puts individuals’ needs, values and preferences first
  • prioritises the individual’s choices and safety
  • acknowledges the impact of trauma.

Access AHRC’s guidance to learn more about responding to sexual harassment in a way that is person-centred and trauma-informed, at The positive duty in the Sex Discrimination Act.

Conduct regular reviews and evaluations

Regularly review business practices to ensure they are up to date with the law and best practice. Make sure that any changes are communicated to staff.

This can include:

  • regular review of sexual harassment policies and procedures
  • collection of appropriate data to understand the nature and extent of sexual harassment in the workplace
  • monitoring of workplace environment and culture, using processes such as confidential staff surveys.

Tip: Keep up to date on workplace law changes

Stay up to date with important workplace issues, including changes to employment laws by subscribing to our email updates.

Keep appropriate records

Record your risk management process and the outcomes, including your consultation with workers. This helps you:

  • show the steps you’ve taken to prevent workplace sexual harassment
  • monitor or review the controls you’ve put in place to prevent and respond to workplace sexual harassment.

Other reasonable steps for your business

It’s important to remember that when it comes to workplace sexual harassment and vicarious liability, what is considered reasonable steps may be different from one business to another. An employer should consider what different or additional steps may be needed for their business.

Additional or other steps may also be required to meet the positive duty in the Sex Discrimination Act.

Help from an employer association

Employer associations are organisations that represent the interests of businesses and employers in a particular industry or sector. They may offer a range of services including access to workplace information, support and advice, as well as legal representation. Find out more about employer associations and other legal help at Legal help.

Workers and workplace sexual harassment prevention

Workers also have a role in preventing sexual harassment at work. This includes:

  • not sexually harassing co-workers or others at work
  • taking reasonable care of their own and others’ health and safety
  • following reasonable policies and instructions given by a person conducting a business or undertaking to allow them to comply with a health and safety duty.

Learn more at Rules about workplace sexual harassment.

Source reference: Fair Work Act s351, s527A-527T and Sex Discrimination Act s47B-C

Tools and resources

Related information