Information Kit
Find out more about Sexual Harassment and what you can do about it in Western Australia, from our factsheets, videos and online legal information course for disability related legal matters.
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 behaviour.
Sexual harassment can be one-off or ongoing.
Sexual harassment can take various forms, and some examples include:
The Equal Opportunity Act 1984 makes it illegal to sexually harass a person in certain areas of public life.
These include:
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 behaviour, 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.
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.
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.
Most people know about bullying in schools, but what if the bullying is sexual in nature? Schools have a responsibility to protect their students and don’t tolerate bullying. This includes bullying that is related to a student’s gender or sexuality. This type of bullying can include inappropriate comments or jokes, insults, pictures or messages sent by the bully and intrusive questions about a student’s personal life. It can also include using language that is hurtful to students who are gender or sexuality diverse, like saying “that’s so gay.”
Sexuality and gender-based bullying can sometimes break the law. If the bullying has a sexual nature, it can be considered sexual harassment. If a student is treated unfairly by staff or other students because of their sexuality or the sexuality of their family and friends, it can also be considered sexual orientation discrimination.
“It can be really hard to be out at school. When my girlfriend and I were bullied, it helped to talk about it with my mum and teachers.”
Alexis
Speak to a school staff member
It is important to know that every school has a policy and procedure to deal with bullying, which may also cover bullying based on gender and sexuality. You can ask the principal or staff about the school’s complaint procedure so that you can report any bullying behavior you may be experiencing. It is the school’s job to take action and ensure that the behavior stops.
Lodge a complaint with the EOC
If you or your child feel that you have been harassed or discriminated against, you have the option to lodge a complaint with either the Equal Opportunity Commission (EOC) in your state or territory, or the Australian Human Rights Commission (AHRC). These commissions can provide advice, assistance, and investigate complaints of discrimination and harassment on the grounds of gender, sexuality, or other protected attributes.
“Everyone has the right to be educated in a safe environment free from discrimination, harassment and bullying.”
WA Equal Opportunity Commissioner Yvonne Henderson.
The staff at your child’s school
In the first instance, you can approach a trustworthy teacher at your child’s school. They can offer support and guidance on how to report the behavior and will be able to connect you with the appropriate resources and channels to address the issue.
Freedom Centre
www.Freedom.org.au
info@freedom.org.au
PH:(08)9228 0354
AIDS Council PH:(08)9482 0000
Equal Opportunity Commission
www.eoc.wa.gov.au
eoc@eoc.wa.gov.au
PH:(08)9216 3900
Toll Free:1800 198 149
Australian Human Rights Commission
www.humanrights.gov.au
complaintsinfo@humanrights.gov.au
Telephone: (02) 9284 9600
Complaints Infoline: 1300 656 419
Parents, Family & Friends of Lesbians & Gays
(PFLAG)
pflagwa@hotmail.com
Helpline (08)9228 1005
WA Gender Project
info@wagenderproject.org
www.wagenderproject.org
MYTH: Homosexuality is contagious.
FACT: This is not true. People’s sexuality cannot be influenced by others. Nobody can be convinced to become gay, lesbian, bisexual, or heterosexual
MYTH: Gay men and lesbians cannot have long-term relationships.
FACT: This is false. Same-sex couples can have long-lasting and committed relationships, just like heterosexual couples. Many same-sex couples prefer not to engage in the “gay scene” or attend gay venues, which may make them less visible to the community.
MYTH: People who are attracted to the same gender are sick and need to be cured.
FACT: Being attracted to the same gender is not a disease or illness. It is simply a part of human sexuality, and many people experience attraction to the same gender. People do not need to be cured or changed to fit into a certain societal norm.
MYTH: Transgender people don’t know their own gender and are confused.
FACT: Transgender people are very certain about their gender. They wouldn’t put themselves at risk of bullying and discrimination if they weren’t sure about their gender identity.
Here are the meanings of some important words:
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
What is Sexuality and Gender Based Bullying? Most people know about bullying in schools, but what if the bullying is sexual in nature? Schools have
Sexual Harassment | Auslan Recent Posts Was this page helpful? Submit Cancel Thanks for your feedback!
Our Information Kits have been made possible by research funded by the Department of Communities, Disability Justice Advocacy Project and the development of accessible resources funded by the Department of Social Services, National Disability Advocacy Program.
Disability Legal Referral Line
The Belmont Hub,
213 Wright Street,
Cloverdale, WA 6105
We respectfully acknowledge Traditional Owners of Country, the Aboriginal people of the many lands that we work throughout Western Australia and across Australia. We recognise their continuing connections to land, sea and community. We pay our respects to Elders past and present; and extend our respect to all Aboriginal communities of today.
© Copyright 2024 Disability Legal Connect