18 June 2021
-
Sexual harassment, in most countries, is illegal; however, the laws that govern sexual harassment differ from country to country.
17 June 2021 – Sexual harassment, in most countries, is illegal; however, the laws that govern sexual harassment differ from country to country. In Australia, under a federal law system, there are legislative prohibitions against sexual harassment in every state. Under the Sex Discrimination Act 1984, sexual misbehaviour such as declarations of love, telling dirty jokes, asking for sexual favours etc., is prohibited.
Furthermore, this act allows for a non-exhaustive list of age, sex, gender, intersex status, identity, religious belief, race, colour, and ethnic origin of the person who was harassed and the person who harassed. Moreover, the relationship between the one harassed and the one harassing is also taken into account. Australia's Sex Discrimination Act 1984 takes into consideration the prohibition of sexual harassment of people with disabilities and any other related circumstance.
In the case of employment, employers are liable for any sexual harassment behaviour that occurs in their business unless they have taken all necessary steps mentioned under section 106 of the Sex Discrimination Act 1984 to prevent it. These steps must be effective, preventative measures with the employer and employees under an obligation to abide by the reasonable steps. According to the Sexual Harassment Code of Practice 2008 of the Australian Human Rights Commission, lack of awareness about sexual harassment is not a defence for employers. This means that all employers must have a sexual harassment policy for their respective businesses alongside providing anti-harassment training to all employees and have a procedure in place to deal with internal sexual harassment complaints so as to discharge liability in light of all necessary steps being taken.
All sexual harassment complaints once dealt with internally are brought to the notice of Australia's Human Rights Commission under the Sex Discrimination Act. The complaint can be brought to the attention of the federal court. Are you aware of the sexual harassment laws in Australia?