Dealing with workplace bullying, sexual harassment and discrimination as a young person

Everyone has the right to a workplace free from bullying, sexual harassment and discrimination. Find out how to get help and support if you need it.

On this page:

Rights and protections at work

Employees have many protections at work (also called general protections). One of your protected rights is being free from discrimination.

In addition to these general protections, employees also have the right to not be bullied or sexually harassed in the workplace.

We have information on what bullying, sexual harassment and discrimination is in the workplace and where you can go to get help.

Police help

If you feel unsafe now, phone 000.

If there is no immediate danger but you need police help, phone 131 444.

You can contact the police about any criminal conduct.

Sexual harassment

A person must not sexually harass another person at work or in connection with work. It’s against the law.

Sexual harassment is:

  • an unwelcome sexual advance or an unwelcome request for sexual favours to the person being harassed, or
  • other unwelcome conduct of a sexual nature towards the person being harassed.

To be sexual harassment, a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person being harassed would be:

  • offended
  • humiliated, or
  • intimidated.

Examples of sexual harassment include:

  • inappropriate physical contact, such as unwelcome touching
  • staring or leering
  • a suggestive comment or joke
  • showing someone a sexually explicit picture or poster or video
  • an unwanted invitation to go out on dates
  • a request for sex
  • intrusive questioning about a person's private life or body
  • unnecessary familiarity, such as deliberately brushing up against a person
  • an insult or a taunt of a sexual nature
  • a sexually explicit email, text message or online messaging.

Example: Witnessing or being exposed to sexually inappropriate behaviour

Ava works in an IT consultancy with Bill and Jack.

Ava often overhears Bill and Jack making sexually inappropriate jokes to each other at work. Bill also has a sexually explicit screensaver on his work computer, which Ava often sees when she walks past his desk.

Ava feels uncomfortable and talks to her manager.

Bill and Jack say Ava is being too sensitive. They also say that what they talk about at work or have on their computers has nothing to do with her.

Bill and Jack’s behaviour could still be considered sexual harassment even if it doesn’t involve Ava directly.

Go to Workplace sexual harassment to learn more about:

  • how you’re protected and what your rights and obligations are
  • preventing workplace sexual harassment
  • how to seek help, including making a report or a complaint
  • support services available to you.

Bullying

What is bullying?

Under the Fair Work Act, bullying happens at work when:

  • a person or group of people repeatedly behave unreasonably towards another worker or group of workers
  • the behaviour creates a risk to health and safety.

Examples of bullying include:

  • behaving aggressively towards others
  • teasing or playing practical jokes
  • pressuring someone to behave inappropriately
  • excluding someone from work-related events
  • unreasonable work demands.

What isn’t bullying?

Reasonable management action that's carried out in a reasonable way is not bullying.

An employer or manager can:

  • make decisions about poor performance
  • take disciplinary action
  • direct and control the way work is carried out.

Management action that isn't carried out in a reasonable way may be considered bullying.

Example: Unreasonable management action may be bullying

Caleb has started work for a coffee distributor. It is his first full-time job and he is a little nervous. Although he tries his best, he has made a few mistakes.

Caleb’s manager, John, has yelled at Caleb in front of other staff and told Caleb that he will not be allowed to attend the staff Christmas party if he doesn’t improve. John now insists that another employee has to check all of Caleb’s paperwork, and he makes jokes to staff about how he can’t let Caleb speak to clients unsupervised.

John hasn’t met with Caleb to discuss Caleb’s work and how it could improve.

John’s behaviour could be considered bullying because it goes beyond reasonable management action.

How to get help with bullying

You can choose to handle bullying however you feel comfortable. These are some of the options available to you:

For more information, see Bullying in the workplace.

Discrimination

What is discrimination?

Under the Fair Work Act, an employer can’t take adverse action against an employee or a prospective employee because of things like their:

  • age
  • gender identity
  • sexuality
  • religion.

These are called protected attributes. Access a full list of protected attributes from Protection from discrimination at work.

Adverse action includes doing, threatening or organising any of the following:

  • firing an employee
  • injuring the employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave)
  • changing an employee's job to their disadvantage
  • treating an employee differently than others (for example, treating someone differently based on their sex or gender)
  • not hiring someone
  • offering a potential employee different and unfair terms and conditions for the job compared to other employees.

Example: Discrimination because of gender and age

Wendy is a student and works as a receptionist at a car dealership.

She applies for a more senior job at the dealership that would involve administrative duties and greeting customers. Wendy has previous experience in administrative duties and customer service.

Wendy’s manager tells her that she didn’t get the job because customers might not take her seriously as she is young and a woman.

Wendy is being discriminated against because of her gender and age, which is prohibited under the Fair Work Act.

How to get help with discrimination

If you’ve lost your job:

  • Contact the Fair Work Commission if you think you were sacked because of:
    • a reason that is harsh, unjust or unreasonable
    • discrimination
    • another protected right.

You have 21 days starting from the day after you were dismissed to lodge an application with the Commission. Check the information at the Commission website to find out if you can apply for:

If you’re still employed:

  • Speak to a supervisor or manager, a health and safety representative, the human resources department, a union or a lawyer.
  • Contact us so we can investigate allegations of unlawful workplace discrimination and may initiate litigation against a national system employer for contravening the Fair Work Act.
  • Get advice from your relevant state or territory anti-discrimination body, which can consider and investigate breaches of state or territory anti-discrimination laws in workplaces.
  • Lodge an application with the Fair Work Commission. If you have not been dismissed but allege that there has been a contravention of the discrimination protection provisions of the FW Act, you may make an application to the Commission to deal with the dispute.
  • Make a complaint through the Australian Human Rights Commission (AHRC).

For more information, see:

Mental health support services

It can be difficult dealing with bullying, sexual harassment and discrimination. Talk to a trusted friend, family member or colleague, and get help from counselling services if you need it.

Lifeline

24-hour crisis support and suicide prevention

Phone: 13 11 14

Website: www.lifeline.org.au

Beyond Blue

Mental health support

Phone: 1300 224 636

Website: www.beyondblue.org.au

Find more information on available services at Sexual harassment support services.

More information for young workers and students