Employment Law

If something happened at work and you are not sure whether it counts as sexual harassment, you are not alone. Many people second-guess what they experienced, minimise it, or assume it needs to be more serious or more repeated before it is worth acting on. Below is a plain-language guide to what the law says, followed by what it does not cover, so you can understand where your situation sits.

What is workplace sexual harassment?

Under the Sex Discrimination Act 1984 (Cth), sexual harassment is unwelcome conduct of a sexual nature, in circumstances where a reasonable person would anticipate that the person being harassed would feel offended, humiliated, or intimidated. It does not need to be repeated to count. A single serious incident can meet the legal threshold on its own.

Physical conduct

• Unwanted touching, hugging, or physical contact
• Attempts at physical intimacy without consent
• Standing or positioning yourself unnecessarily close, in a way intended to intimidate
• Indecent exposure

Verbal conduct

• Sexual comments or jokes, including about your body or appearance
• Questions about your sex life or relationships
• Repeated compliments of a sexual nature after you have indicated they are unwelcome
• Sexual comments made about you to other colleagues

Visual and digital conduct

• Sharing or displaying sexually explicit material, images, or messages
• Sexual comments, images, or messages sent through work channels, personal messages, or social media connected to work
• Staring or leering of a sexual nature

Power-based conduct

• Requests or pressure for sexual favours, particularly where linked to a promotion, shift allocation, or continued employment
• Persistent invitations of a romantic or sexual nature after you have said no
• Retaliation, such as reduced hours or a changed role, after you reject advances or make a complaint

What isn’t workplace sexual harassment

Being honest about this upfront saves people time and helps them get the right kind of help sooner. Not everything unpleasant at work falls under this claim type.

General workplace conflict

Rudeness, bullying, or being treated unfairly at work is not sexual harassment if the conduct is not sexual in nature. This may still be worth raising with an employment lawyer, but it sits under a different claim pathway, such as general workplace bullying or adverse action.

Legitimate management action

Performance reviews, disciplinary processes, and management decisions carried out reasonably and lawfully are not sexual harassment, even if they are unwelcome or difficult to hear.

Personality conflicts

Disagreements or friction with a colleague that have no sexual element do not fall under this claim type.

Consensual relationships, most of the time

Consensual workplace relationships are not harassment. The grey area appears when there is a power imbalance, for example between a manager and a direct report. If consent is later withdrawn, or the relationship ends and unwelcome conduct continues, the position can change. This is one of the more common situations where people are unsure where they stand, and it is worth an early conversation with a lawyer rather than assuming either way.

Still not sure where your situation sits

A single mild comment, taken entirely in isolation, may not meet the legal threshold on its own. But context and pattern matter. A comment that seems minor on its own can form part of a broader pattern that does meet the threshold, particularly if it continued after you objected, or if it was combined with other conduct. This is a judgement call the law expects to be made case by case, which is exactly why a proper assessment matters more than trying to work it out alone.

What you can do about it

If what you have read above sounds like your situation, you may have options beyond raising it internally with your employer.

• Claims under the Sex Discrimination Act 1984 (Cth)
• The positive duty on employers introduced by the Respect@Work reforms, which requires employers to actively prevent harassment, not just respond to it
• Fair Work Act general protections claims where harassment led to dismissal, demotion, or other adverse action
• Common law claims where harassment has caused a diagnosable psychiatric injury

A workers’ compensation claim and a civil claim are not mutually exclusive. Many people only pursue a workers’ compensation claim without realising further compensation may be available to them through a separate civil pathway.

How Koffels can help

We offer a confidential initial consultation and a no-obligation assessment of your situation with an experienced employment lawyer. You do not need to have made a decision about what you want to do; an assessment simply helps you understand where you stand.

This page does not make findings or allegations against any employer or individual. It provides general information to help people understand their options.

Frequently asked questions