Equal Opportunity Commission Fact Sheet – Sexual Harassment | Article

This fact sheet explains that it is against the law to sexually harass someone under the Equal Opportunity Act 1984.

According to the Equal Opportunity Act 1984, sexual harassment refers to behavior such as unwanted sexual advances, requests for sexual acts or any unwanted sexual behavior towards another person.

For an action to be classified as sexual harassment, the individual who is being harassed needs to have valid reasons to believe that if they don’t comply with a request, or decline or reject the behavior, they will face some form of harm or negative consequence. Additionally, the person must actually experience or perceive a disadvantage due to the said behavior.

Sexual harrassment can be one-off or ongoing.

Sexual harassment can take various forms, and some examples include:

Where does the protection apply?

The Equal Opportunity Act 1984 makes it illegal to sexually harass a person in certain areas of public life. These include:

Responsibilities

Employers have a legal responsibility to provide a working environment that is free from sexual harassment and they must take all reasonable steps to prevent it from occurring. If an employer fails to take such steps, they may be held responsible for their employees’ actions.

The Equal Opportunity Act 1984 also makes it clear that a person causing, instructing, inducing, helping or permitting another person to engage in unlawful behavior, such as sexual harassment, can be held responsible for their actions under the Act. This means that employers or managers who support a work environment that tolerates or promotes sexual harassment can be held responsible for any harassment that occurs as a result.

Making a complaint

To lodge a complaint, the person can fill out a complaint form available on the website of the Equal Opportunity Commission of their state or territory, or they can contact the Commission for assistance in lodging a complaint. The Commission will investigate the complaint and attempt to resolve it through conciliation. If the complaint cannot be resolved, the Commission may refer it to a court or tribunal for a decision. It is important to note that the complaint process is confidential and the person making the complaint is protected from victimisation.

Examples of Sexual Harassment

The first example involves a female supervisor engaging in unwelcome physical touching and making unwanted advances towards a male clerk, who eventually made it clear that her attentions were unwelcome. After this, the supervisor began to make negative reports about his work performance, which could be seen as a form of retaliation.

In the second example, a female employee resigned from her position due to ongoing and unwelcome sexual advances from a male employee, who was found liable for sexual harassment.

The third example involves a landlord requesting sexual favours from a tenant in exchange for rent, which is a clear example of sexual harassment.

In the fourth example, a female employee was repeatedly subjected to unwelcome physical touching, degrading comments, and requests for sexual favours from a male colleague, who also threatened her future employment with the company. This is another example of sexual harassment.

Original source: https://www.wa.gov.au/government/publications/equal-opportunity-commission-fact-sheet-sexual-harassment