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Section : Section 28M
Domain : Human Resource Management
Classification : Not Identified

Text Content

(2) A person (the first person ) subjects another person (the second person ) to a workplace environment that is hostile on the ground of sex if:

(a) the first person engages in conduct in a workplace where the first person or the second person, or both, work; and
(b) the second person is in the workplace at the same time as or after the conduct occurs; and
(c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the second person by reason of:
(i) the sex of the person; or
(ii) a characteristic that appertains generally to persons of the sex of the person; or
(iii) a characteristic that is generally imputed to persons of the sex of the person. Note: See also section 8A in relation to workplace environments that are offensive, intimidating or humiliating for 2 or more reasons.