Sexual Harassment! Know Your Rights!

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Home > Blog > Sexual Harassment! Know Your Rights!

Australian workers are protected by Sexual Harassment Laws which are designed to protect the rights of employees and employers in Australia. Australian Sexual Harassment Laws are actually under-utilised in Australia.Recent reports have shown that only one in five people that have been sexually harassed make a formal complaint.Most of these people make a complaint internally to their manager, with very few making an external complaint to a legal service, union or human rights commission! The under-utilisation of Sexual Harassment Laws can partly be attributed to people’s lack of understanding of what constitutes sexual harassment. 

Sexual harassment at work

Sexual harassment happens if a person engages in unwelcome conduct of a sexual nature with the intention of offending, humiliating or intimidating the other person, in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct. The most common forms of sexual harassment that occur in the workplace are non-physical such as suggestive comments or jokes, intrusive questions about personal life or inappropriate staring.The most frequent forms of physical harassment are unwelcome touching, hugging, cornering, kissing or sexually explicit emails or texts. It is important for people in Australia to have a clear understanding of what sexual harassment in the workplace is and to be aware of their rights!

Your rights

If you have been sexually harassed at work, you may be entitled to make a claim to the Anti-Discrimination Commission Queensland, or to the Australian Human Rights Commission. You need to seek legal advice from a Lawyer such as Cairns Workplace and Employment Lawyers.Seek legal advice from your Lawyer early on as early intervention can greatly affect the process and outcome.They will advise you of your rights and if you are entitled to make a claim.The Anti-Discrimination Commission Queensland and the Australian Human Rights Commission deal with a range of issues including:

  • Discrimination at work
  • Victimisation by an employer
  • Discrimination when applying for work
  • Sexual harassment at work
  • Verbal abuse at work or when applying for work

The claim

Your Lawyer will take a number of factors into consideration when looking at your claim.

  • How has the sexual harassment affected you?
  • How long has the sexual harassment occurred?
  • Is the behaviour considered sexual harassment?

Cairns Workplace and Employment Lawyers

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