Sexual harassment at work is an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature, where a reasonable person would have anticipated the possibility that the person would be offended, humiliated or intimidated. It can be a one-off. Employers have a legal duty to prevent it, and you can report it at work, to the Fair Work Commission or to the Australian Human Rights Commission.
If you feel unsafe now, phone 000. 1800RESPECT is on 1800 737 732, 24 hours a day, 7 days a week.
What counts as sexual harassment at work?
The Fair Work Ombudsman lists examples including:
- unwelcome touching, or deliberately brushing up against someone
- staring or leering
- a suggestive comment or joke, or an insult or taunt of a sexual nature
- showing someone a sexually explicit picture, poster or video
- unwanted invitations to go out on dates, or a request for sex
- intrusive questions about someone's private life or body
- sexually explicit emails, texts or online messages.
The harasser's intention doesn't matter. Someone can sexually harass a person even if they say they didn't mean it. Behaviour that is fine in one situation can be sexual harassment in another, and it doesn't have to be repeated.
Does it count if it happens outside the office?
Yes, if it is connected to work. The Australian Human Rights Commission gives examples of where it can happen:
- when working remotely, offsite or from home
- at staff social functions, in the workplace or elsewhere
- after hours, or during a lunch break in the workplace
- between colleagues outside work hours, including on personal social media accounts or online
- in a hotel room during work travel, such as a conference.
It also covers behaviour from customers, clients or patients, as well as from the people you work with.
What are sexist behaviour and a hostile work environment?
The Sex Discrimination Act covers more than sexual harassment at work. It also covers sex discrimination, sex-based harassment, conduct that creates a workplace environment that is hostile on the ground of sex, and related victimisation. The Commission groups sex-based harassment and a hostile environment as sexist behaviour.
A hostile environment can exist even when the behaviour isn't aimed at one person. The Fair Work Ombudsman's examples include sexist, derogatory, suggestive or sexual comments or jokes, and displaying or circulating a sexually explicit poster.
Harassment that isn't sexual may still be bullying or discrimination. Some sexual harassment can also be bullying when it is repeated or continuous. Our guide to what counts as workplace bullying covers the bullying rules.
Who is protected?
The Fair Work Ombudsman says the laws protect workers, including:
- employees and job applicants
- contractors and subcontractors, and their employees
- labour hire employees assigned to a business
- business owners who work in the business, and outworkers
- apprentices, trainees, interns, work experience students and volunteers.
Clients and customers must not sexually harass workers either.
What is the employer's positive duty?
Under the Sex Discrimination Act, organisations and businesses have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sexist behaviour and related victimisation in connection with work.
The duty applies to employers of every size, including sole traders, the self-employed and government. The Commission says doing nothing, or only responding to reports, is not enough. What each employer has to do depends on things like its size and resources, and the Commission has set 7 Standards and 4 Guiding Principles to guide it.
The duty was a key recommendation of the Respect@Work report in 2020. The Commission can enforce it, including by inquiring into a business it reasonably suspects isn't complying. Anyone can tell the Commission about a workplace that isn't meeting the duty through its online Positive Duty Form.
Work health and safety laws apply too. Safe Work Australia says that under the model laws, a person conducting a business or undertaking, such as an employer, must proactively prevent sexual and gender-based harassment at work.
An employer can also be held legally responsible for sexual harassment by its employees or agents, unless it shows it took all reasonable steps to prevent it.
How do you report sexual harassment at work?
You can choose how to handle it, and different routes lead to different outcomes. The Fair Work Ombudsman suggests, if it is safe, talking to:
- a supervisor or manager
- a health and safety representative
- human resources.
Check your workplace's sexual harassment policy for how to make a report and what happens next. You can also talk to someone outside work, such as a counsellor, a union, the Fair Work Ombudsman, the Fair Work Commission, the Australian Human Rights Commission, your work health and safety regulator or a lawyer.
Your employer must not take adverse action against you, such as firing or demoting you, because you made a report.
There may be limits on complaining about the same incident under different laws. For example, you may not be able to apply to both the Fair Work Commission and an anti-discrimination body about the same conduct, so check before you lodge more than one.
Some sexual harassment is a crime. Phone 000 if you feel unsafe now, or the police on 131 444 if there is no immediate danger.
What can the Fair Work Commission do?
You, or a union that can represent you, can apply to the Commission to:
- make an order to stop the sexual harassment
- deal with the dispute in another way
- or both.
The Commission can make a stop order only if it is satisfied that you have been sexually harassed, you are still connected to the workplace, and there is a risk it will continue. You don't need to be connected to the workplace for the Commission to deal with the dispute in another way.
It can deal with a dispute through conciliation, or by making a recommendation or expressing an opinion. If that doesn't resolve it, the Commission issues a certificate so you can take the case to court, or, if both sides agree, the Commission can arbitrate. In arbitration it can order compensation, lost wages, or action to make up for the loss or damage you suffered.
Applications usually need to be made within 2 years of the last alleged harassment. The Commission may decide not to deal with a later one. If you are eligible, you may get free legal advice through the Commission's Workplace Advice Service.
The Fair Work Ombudsman can act when someone doesn't comply with a stop order.
How do you complain to the Australian Human Rights Commission?
The Commission looks into complaints of sexual harassment, sex discrimination, sexist behaviour and related victimisation, and tries to resolve them through conciliation. Making a complaint is free, you don't need a lawyer, and you can make one wherever you live in Australia. Complaints must be in writing, and you can lodge one online.
If you're not sure whether the Commission can help, its National Information Service is on 1300 656 419. Its Respect@Work Information Service, on the same number, can explain your rights under the Sex Discrimination Act.
You can also complain to your state or territory anti-discrimination body.
Where can you get support?
- Emergency: phone 000. Police assistance when there is no immediate danger: 131 444.
- 1800RESPECT, the national domestic, family and sexual violence counselling service: phone 1800 737 732, or text 0458 737 732, 24 hours a day, 7 days a week.
- Lifeline, 24 hour crisis support: 13 11 14.
- Beyond Blue: 1300 224 636.
- Respect@Work Information Service at the Australian Human Rights Commission: 1300 656 419.
- Your workplace's employee assistance program, if it has one.
If you need time off, our guide to stress leave covers the leave you can use.
This is general information, not legal advice. Your employer's sexual harassment policy, award or agreement may set out its own complaint process.
Sources
- Fair Work Ombudsman, Rules about workplace sexual harassment (the definition, intention, one-off incidents, examples, who is covered, customers and clients, hostile workplace environment, the Commission's inquiry powers, bullying overlap, vicarious liability, read 8 October 2026)
- Fair Work Ombudsman, Make a report about workplace sexual harassment (who to talk to, adverse action, multiple complaints, the Fair Work Commission's options and orders, 2 years, Workplace Advice Service, stop order enforcement, police numbers, read 8 October 2026)
- Fair Work Ombudsman, Sexual harassment support services (000, 131 444, 1800RESPECT, Lifeline, Beyond Blue, read 8 October 2026)
- Fair Work Commission, Who can make a sexual harassment application (who can apply, unions, connection to the workplace, the 2 year time limit, read 8 October 2026)
- Australian Human Rights Commission, Work-related sexual harassment: know your rights (where it can happen, customers and clients, the conduct the positive duty covers, doing nothing is not enough, 7 Standards and 4 Guiding Principles, employee assistance programs, read 8 October 2026)
- Australian Human Rights Commission, More about the positive duty (reasonable and proportionate measures, who it applies to, sexist behaviour, the Respect@Work report, read 8 October 2026)
- Australian Human Rights Commission, The positive duty in the Sex Discrimination Act (Positive Duty Form, Respect@Work Information Service 1300 656 419, read 8 October 2026)
- Australian Human Rights Commission, Complaints (free, no lawyer needed, written complaints, online, National Information Service 1300 656 419, read 8 October 2026)
- Safe Work Australia, Sexual and gender-based harassment (the duty under the model work health and safety laws, read 8 October 2026)
- 1800RESPECT (phone 1800 737 732 and text 0458 737 732, 24 hours a day, 7 days a week, read 8 October 2026)
Spotted an error? Correct something.
