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Section : Sexual harassment
Domain : Human Resource Management
Classification : Not Identified
Text Content
Everyone has the right to a workplace that is safe and free from sexual harassment. Sexual harassment is:
- an unwelcome sexual advance or request for sexual favours to the person being harassed
- other unwelcome sexual conduct towards the person being harassed. The FW Act prohibits sexual harassment connected to work, including in the workplace. This means workers, future workers and people conducting a business or undertaking (such as self-employed people or sole traders) are protected from sexual harassment. A person or company may be liable for sexual harassment committed by an employee or agent in connection with work, including if they were involved in the employer's contravention. This applies unless they can prove that they took all reasonable steps to prevent the sexual harassment. Fair Work Infoline: 13 13 94 Under the Sex Discrimination Act, organisations also have a positive duty to eliminate, as far as possible, the following unlawful behaviour from occurring:
- discrimination on the ground of sex in a work context
- sexual harassment in connection with work
- sex-based harassment in connection with work
- conduct creating a workplace environment that is hostile on the ground of sex
- related acts of victimisation.