Nobody has to put up with Sexual Harassment

What is sexual harassment?

Sexual harassment is when someone, or a group of people, behave sexually towards you when you don't want them to. Sexual harassment is a type of sex discrimination. Depending on the circumstances, each of the following actions can be classed as sexual harassment:

suggestive behaviour
staring and leering
sexual jokes
sexual propositions such as asking you for sexual favours or even asking you out
sexual or physical contact such as touching, slapping or kissing
sexual insults or taunts
sexually offensive gestures
sexually explicit or offensive material about you or others of your sex, that is displayed in a public place, or put in your work areas or belongings.

In some cases, just one of these actions may be enough to amount to sexual harassment.

Our statistics show that it is usually men who sexually harass women. However, sometimes women sexually harass men, men sexually harass other men, and women sexually harass other women.

Is sexual harassment against the law?

Yes, sexual harassment is against the law if it happens in one of the following places or circumstances:

in employment — when you apply for a job, or at any time during your employment
when you get, or try to get, most types of goods or services — eg, from shops, pubs and entertainment places, banks, lawyers, government departments, doctors, hospitals
when you rent, or try to rent, accommodation — eg, a unit or house, commercial premises, hotel room, motel room, caravan etc
when you apply to get into, or are studying in, any education institution such as a public school, college, TAFE, university etc
when you try to enter or join a registered club, or when you're inside one — a registered club includes any club that sells alcohol.

If you are sexually harassed somewhere else (eg in your home or on the street), you should contact the police.

What are my rights at work?

The law says your employer must not sexually harass you or any of their employees at work. It is expected that they will do their best to make sure that no sexual harassment takes place. The law says that neither your supervisor nor your fellow employees are allowed to sexually harass you.

Of course, if you want to have any type of sexual contact or sexual relationship with someone you work with, that is your business — as long as it doesn't interfere with your work or any standards of workplace behaviour that your employer has set. If you don't mind the sexual approaches then it is not sexual harassment.

What can I do if I'm sexually harassed?

If you are sexually harassed you have the legal right to speak out to try to stop it happening. For example, if it happens at work, you can tell the person that you find their behaviour offensive and that it is against the law. Insist that they stop doing it. If they don't stop, tell your supervisor or a senior manager. If you are in a union, you could ask them to help too.

Your supervisor or manager should take your complaint seriously, and quickly and confidentially investigate the harassment. He or she should listen to both sides and then, if harassment is found to be happening, should act to put a stop to it. Employers or managers should not hassle or victimise you because you have complained to them. At the Anti-Discrimination Commission, we have guidelines for employers to help them deal with sexual harassment complaints. You or your employer can contact us for a copy of these guidelines.

If you don't want to speak to the person who's harassing you, or to your supervisor or manager, or if your employer does not deal with your complaint properly, you have the legal right to ask us at the Anti-Discrimination Commission to help you. We can help even if you have already left your job because of the harassment. However, if you have reached the stage where you want to resign because of the harassment, please contact us first. We may be able to help sort things out so that you will not need to resign.

You can be assured that we treat all complaints confidentially and our services are free. We won't contact the person who has harassed you, or your employer, unless you're sure that's what you want us to do. It is against the law for anyone to hassle or 'victimise' you because you've complained to us. If you have been physically assaulted you can also complain to the police and ask them to charge the person responsible.

Remember sexual harassment is also unlawful in other areas, such as obtaining goods and services; renting accommodation; education; memberships and facilities of registered clubs. If you are worried, or need advice, contact us and we will advise you about your options and your rights.

What will the Anti-Discrimination Commissioner do?

Officers of the Anti-Discrimination Commission have the legal power to investigate your complaint and, if it is against the law, to conciliate it — that is, to help you and the person or employer you're complaining about to reach a private settlement that you both agree on. The settlement will depend on the circumstances of your case. It could be financial compensation; that the person who harassed you is warned, transferred or dismissed; that your employer will run an education program at work to try to ensure that others are not sexually harassed in future, and so on.

Most complaints are conciliated but if this is not possible, they may be referred to the Anti-Discrimination Commissioner for a formal hearing. The Commissioner may make orders including the awarding of compensation. These orders are enforceable through the court.

NT Anti-Discrimination Commission