Rules around harassment are strict

In Australia, in all states and territories, there are both federal and state anti-discrimination laws that protect workers from harassment.

It is against the law for a worker to be harassed because of his or her:

• Sex
• Pregnancy
• Race
• Marital status
• Disability

In most cases the laws are specific and strong. But sexual harassment in particular continues to be a problem in many workplaces.

So what exactly is sexual harassment?

The short answer is that it can be many things. Sexual harassment could be:

• Unwelcome physical touching
• Sexual or suggestive comments, jokes or taunts
• Unwelcome requests for sex
• The display of clearly sexual material (such as photos, pin-ups or pictures) or reading matter (such as e-mails, faxes or letters).

Sexual harassment doesn't have to be repeated or ongoing to be against the law. Some actions or remarks are so offensive that they're clearly sexual harassment, even if they're not repeated. Other incidents, such as an unwanted invitation or compliment, are probably not harassment if they are ‘one-offs’.

In all cases ‘harassment’ means that the attention is not asked for, is not welcome and the recipient feels humiliated. Often the harassment may be disguised by jokes or teasing, but it always feels threatening to those on the receiving end.

Essentially, workplace sexual harassment is any unwelcome sexual advance or conduct that creates an intimidating, hostile, or offensive working environment.

Where there has been a case of sexual harassment in the workplace, participants and fellow workers alike usually agree that it is among the most offensive and demeaning torments an employee can undergo.

Victims pay all the intangible emotional costs inflicted by anger, humiliation, frustration, withdrawal, dysfunctional family and other damages that can be sexual harassment's aftermath. Victims of the more severe forms of harassment can face severe, long-term emotional consequences. Sometimes people are forced to leave their jobs for one with a poorer career path, in order to escape the sexual harassment.

It is important for employers to know what their responsibilities are with regard to sexual harassment. To have the best possible workplace and for self protection down the track if some unwanted incident occurs, employers should at least do the following:

• Develop a written anti-harassment policy and proactive workplace program and make sure that all employees have a copy of it.
• Make sure that all employees have received and that they understand the written policies.
• Ask employees to sign a statement confirming their understanding of the policy, and keep a copy of the signed form in each employee's personnel file.
• Notify employees of their rights, including how to report incidents of harassment.
• Establish a clear complaint procedure that establishes a process for handling complaints, investigating and documenting charges, and correcting misconduct.
• Create an open atmosphere in which complaints can be raised without fear of retaliation.
• Educate and train managers and supervisors about their responsibilities under the anti-harassment policy.
• Educate and train all employees regarding responsible behaviour in the workplace and appropriate procedures for reporting incidents of harassment.
• Investigate complaints promptly and thoroughly.
• Take prompt and effective remedial action.

Where a worker wishes to make a complaint about sexual harassment, he or she should begin by making it very clear to the person concerned that the behaviour, conduct or material is unacceptable and offensive.

Where workers find such an ‘in-your-face’ approach uncomfortable or too difficult to do, they should seek support by a sympathetic friend or colleague, a designated person at work or a trade union representative. Very often, an informal approach like this resolves the issue.

However, sometimes, an informal approach is not enough. In situations where the sexual harassment continues, there may be need for a formal complaint. The company policy on sexual harassment should clearly set out what will happen when a formal complaint is made, how the complaint will be investigated and who will carry out the investigation, taking into account issues of confidentiality and the rights of both parties.