Example: Unwanted invitation to go out on dates

Amira works as a customer service representative in a large call centre.

During a performance review meeting, Amira’s business area manager, Brodie, starts asking questions about Amira’s relationship status. He asks if she’s single and wants to know what she looks for in a partner.

Amira feels embarrassed and uncomfortable with the questions about her private life. She tries to direct the conversation back to the performance review and current work. Brodie keeps asking intrusive questions about her dating life and then asks if Amira would like to meet up for dinner on the weekend. Amira declines and changes the subject back to work again.

The next day, Amira tells her team leader, Alex, about Brodie’s intrusive questions and invitation for a date. She explains that the behaviour made her feel very uncomfortable, and she felt that declining the invitation for a weekend date might negatively affect her performance review.

Alex records Amira’s concerns and says that, with her permission, he will escalate the issue to human resources (HR). Together they consult the organisation’s intranet and find information about lodging a sexual harassment complaint internally with HR. They also find more information about Workplace sexual harassment on our website.

Amira learns that in addition to raising the issue at a workplace level, she can make a report about workplace sexual harassment outside the workplace.

Example: Suggestive and inappropriate comments

Axel is intersex and works part-time as a waiter in a restaurant.

During a shift, Axel walks past the kitchen and overhears their colleague, Mitch, and other kitchen staff, making jokes and comments about Axel’s private body parts and sex life.

Axel is upset and distressed by these comments. Axel approaches their manager, Siobhan, and explains that Mitch and other kitchen staff have made inappropriate comments about them. Siobhan promises to deal with the matter as a priority.

Siobhan has previously received training from her employer around dealing with sexual harassment. She has also accessed information and resources, and knows that comments about a person’s private sex life or private body parts can be considered workplace sexual harassment.

Siobhan approaches Mitch and the other staff to explain that these comments are unacceptable in the workplace. She tells them she will report the matter to their employer.

Mitch explains he was only joking. He didn’t know Axel had heard him and he didn’t mean to upset Axel. Siobhan explains that you can sexually harass someone even if you don’t intend to. His and the other staff’s behaviour may warrant disciplinary action.

In addition to raising the issue at a workplace level, Axel can choose to make a report about workplace sexual harassment outside the workplace.

Example: Sexually explicit images

Eloise works in a small accounting firm as a junior accountant.

Eloise checks her inbox one morning and finds an email with no subject line from her boss, Felix.

When she opens the email, there is a sexually explicit image attached. Eloise assumes that Felix has sent the image by accident, so closes the email without responding.

Over the next few days, Felix continues to send Eloise sexually explicit images and emojis via email and the work instant messenger service. Eloise feels uncomfortable and embarrassed each time she receives one of these emails or messages from Felix.

Georgie, another junior accountant, walks past Eloise’s desk as she is opening one of Felix’s emails. Eloise confides in Georgie and shows her what Felix has been sending.

Georgie explains that this behaviour is not okay and is very likely sexual harassment. They find our Workplace sexual harassment information and read that sending sexually explicit images can be sexual harassment. Eloise sends an email to human resources (HR), requesting a meeting to discuss Felix’s behaviour. Eloise also saves the emails and instant messages from Felix that she wants to talk to HR about.

Eloise asks that Georgie also attend the meeting as a support person.

In addition to raising the issue at a workplace level, Eloise can choose to make a report about workplace sexual harassment outside the workplace.

Example: Employer responsibility to provide a harassment-free workplace

Janet runs a small home renovation business with 11 employees. Recently, she saw news about an employer being held vicariously liable for one of their employee’s acts of workplace sexual harassment.

Janet is concerned that she may not be doing enough to prevent and respond to sexual harassment in her workplace. She decides to check her business and processes to make sure the same thing doesn’t happen at her business.

Janet reads our Preventing workplace sexual harassment information. She also finds information about her positive duty to eliminate sexual harassment, sexist conduct and sex discrimination on the Australian Human Rights Commission website. After reading the examples of the preventative steps outlined on our website and the AHRC’s guidance, Janet decides that she needs to do more to prevent sexual harassment in her workplace.

Janet also finds our information on employer associations, our Difficult conversations in the workplace – manager course, and our Help for Small Business information in case she needs more support in the future.

Janet plans to:

• develop a sexual harassment policy and procedure in consultation with her workers
• print and display available resources (such as posters) about workplace sexual harassment and to reinforce that it won’t be tolerated
• update onboarding processes to cover sexual harassment in more detail, such as how to make a complaint or report and expectations at work
• require staff to complete workplace sexual harassment training and maintain records of completion
• keep a record of the preventative steps she has taken.

Janet decides to seek advice from her employer association on what other steps may be required for her business.

Example: Reporting harassment to a union

Kenya has started a new job as a bartender. She is a member of her industry union.

Some nights, Kenya is rostered to work alone with another bartender, Isaac.

When Isaac wants to let Kenya know that he is behind her to grab something on the bar counter, he would touch her waist and bottom. He has also been brushing up against her and standing in her personal space even when there is plenty of space around them. This has prompted Kenya to start writing down each incident that happens, including when, where and who was around them at the time.

Kenya feels anxious about working with Isaac, especially when they are rostered to work alone together.

Kenya doesn’t know whether her organisation has any sexual harassment policies. Kenya reads our Workplace sexual harassment information and accesses some other resources available for workers. Kenya finds information about the many ways she can get help outside her workplace at Make a report about workplace sexual harassment.

Kenya doesn’t feel comfortable raising her concerns with Isaac. She’s also concerned about reporting his behaviour to her manager, Matt, as Isaac and Matt are close friends. Given she is a union member, Kenya decides to contact her union about this issue and seek their advice and help.

Example: Real estate agency owner seeks help outside the workplace

Jackie runs and owns a small independent real estate agency. She recently hired a new full-time agent, Kaden.

Jackie and Kaden begin to get along well and often chat for extended periods while working in the office together. As the agency has a mix of people working in the office and working from home, sometimes Jackie and Kaden are the only people working in the office.

After a few weeks, Kaden starts making inappropriate comments about Jackie’s physical appearance, including comments about her private body parts. He also makes references to her dating life. Jackie feels embarrassed and reminds Kaden that she is his boss.

Kaden continues to make inappropriate comments that become increasingly sexual and direct. Jackie tries to discuss with Kaden how his behaviour is offending her, but he laughs it off and says he is just joking and she is taking him too seriously. He also says that in the real estate industry physical appearance is very important.

Jackie looks up laws on workplace sexual harassment and finds our Workplace sexual harassment information. She reads that sexually suggestive comments and jokes can be sexual harassment and that Kaden’s intention isn’t relevant when considering whether sexual harassment has occurred.

Jackie has already tried to resolve this at the workplace level, and as the owner of the business feels that she needs more guidance on what to do next. She decides to seek legal advice.

Example: Hairdressing employee seeks help outside the workplace

Andrew has started working part-time as a hairdresser at a new salon. The salon is part of a franchiseA business arrangement that allows an individual, partnership or company to operate under the name of an already established business. .

The salon manager, Clay, begins rostering Andrew to work later in the day when other staff have started going home. Clay starts to make comments about Andrew’s sexuality, including intrusive and crude questions about Andrew’s sexual preferences. These comments make Andrew feel uncomfortable.

Andrew finds our Workplace sexual harassment information. Andrew reads that Clay’s behaviour could be sexual harassment and that workplace sexual harassment is unlawful.

Andrew isn’t comfortable talking with colleagues about this issue, so decides to report the behaviour to the head office human resources (HR) department. HR says that they will investigate Andrew’s complaints. While the investigation is ongoing, HR will make sure he is only rostered at times when other staff are working.

Andrew doesn’t hear back from HR. After a month, he emails HR asking for an update. HR replies that they have completed their investigation. They found that Clay had not engaged in any inappropriate behaviour.

Andrew is unhappy with the outcome of the investigation. He has concerns with the process, as HR didn’t speak to him again after his report or provide him with any support.

Another few weeks pass and Clay and Andrew begin working together again after the previous roster changes stop. Clay starts making comments about Andrew’s sexuality again. Andrew doesn’t feel confident that his workplace will help him.

Andrew reads at Make a report about workplace sexual harassment that there are many ways that he can make a report or complaint outside the workplace. Because the harassment is ongoing, Andrew decides to explore these options further.