Despite cultural and legal shifts over the past half century, sexual harassment remains one of the most common forms of workplace abuse for women in Australia. Respect Victoria has reported that 41% of women had experienced sexual harassment at work in the past five years, with the most common form of harassment being unwanted or inappropriate comments. Young people, LGBTQIA+ people, people with disabilities, and Aboriginal and Torres Strait Islander people were all more likely to experience sexual harassment at work.
Sexual harassment at work is not just about inappropriate behaviour. It is about power, control, and the fear that speaking up will make things worse. Many women and non-binary workers face impossible choices when they experience harassment.
At the Working Women’s Centre Victoria, we regularly hear from women and non-binary people who have experienced sexual harassment at work. Many people are unsure about their rights, what counts as sexual harassment, and whether anything can be done about it. Below are some of the most common questions we hear, along with answers to help you understand your options.
What counts as sexual harassment?
Sexual harassment is any unwelcome conduct of a sexual nature that makes you feel uncomfortable, humiliated, or intimidated. It can include:
- Unwanted touching, hugging, or physical contact
- Sexual comments, jokes, or gestures
- Requests for sexual favours in exchange for work opportunities
- Repeated unwanted messages or invitations
- Displaying or sharing explicit material in the workplace
- Staring, leering, or other invasive behaviour
Sexual harassment does not have to be physical, and it does not have to be repeated: One incident can be enough. It can come from a manager, co-worker, client, or customer.
Is it still sexual harassment if it wasn’t physical?
Yes. Sexual harassment is not just about physical contact. Comments, messages, or any behaviour that makes you feel unsafe or degraded can still be sexual harassment under the law.
What if it happened outside of work?
In some circumstances, sexual harassment can still be a workplace issue even when it happens outside the physical workplace, including:
- Work-related social events
- Work trips or conferences
- Online, including work emails, messages, or social media
If the behaviour is connected to your work, it may still be considered workplace sexual harassment.
Do I have to formally report it for something to be done?
No. You do not have to make a formal complaint to take action. Some people choose to report harassment internally through their workplace, while others seek external help. It is your choice how to proceed, and you should never feel pressured to come forward before you are ready.
What if I’m worried about losing my job?
We understand that fear of retaliation is a major reason many people stay silent. The law protects workers from being punished for reporting sexual harassment, but we know that does not always stop employers from trying. If you are worried about losing your job, speak to us before making a complaint so we can discuss your options and support you in taking the safest possible steps.
Does it count if I’m a casual, contractor, or gig worker?
Yes. Sexual harassment protections apply to all workers, regardless of whether you are full-time, part-time, casual, on a visa, or working in the gig economy. However, we know that people in insecure work often face greater risks and fewer protections when speaking up. If you are in this situation, we can help you understand your rights and options.
What can I do if my employer won’t do anything?
If your employer ignores your complaint, dismisses your concerns, or tries to silence you, you still have options. You may be able to take legal action through:
- The Australian Human Rights Commission or your state’s equal opportunity commission
- The Fair Work Commission
- Legal processes that seek financial or other remedies for harm caused
Each case is different, so it is important to get advice on what steps are best for you.
Where can I get support?
The Working Women’s Centre Victoria has a team of lawyers ready to provide free, confidential legal help for women working across Victoria. If you’ve been sexually harassed at work we believe you and can help.
We’re here to help any woman working anywhere in Victoria, even if you live in regional or remote areas. We can also organise an interpreter if you need.