Sexual harassment is unwelcome conduct of a sexual nature. It does not need to involve repeated acts, although repeated acts often assist in demonstrating that conduct was unwelcome.
The law in relation to sexual harassment is very similar under state and Commonwealth law. The decisions as to which regime to commence a complaint under is made by reference to:
- whether there is any other action being contemplated (if there is, a claim under Commonwealth law will generally be preferred as it can be brought in the Federal Court or Federal Circuit Court)
- whether the employee is a state public sector employee. Such employees may not be entitled to bring claims under the Commonwealth law.
The prohibition against sexual harassment is not limited by gender or sex. Both men and women can be sexually harassed, by both men and women. However sexual harassment of women by men remains far and away the most common.
If you have experienced sexual harassment in the workplace, Segelov Taylor Lawyers can advise you on your legal options. Our principal, David Taylor is an accredited specialist in employment and industrial law and has 20 years experience in handling employment and harassment matters.