Employer Obligations
	Employee Obligations
	Refusing Unsafe Work
	Complaints and Discrimination
	OHS Committees
	Training
	OH&S Links
	Harassment

Call the HACSU Helpline
1300 88 00 32

more info

Harassment in the Workplace

HACSU believes that all persons must be allowed to work in an environment free from all forms of harassment, including sexual harassment. Harassment is any form of behaviour that is:

• not wanted, not asked for and not reciprocated, and
• humiliates, offends or intimidates someone, and
• is based on attributes such as race, sex, pregnancy, disability, age, marital status, homosexuality, or attributes of a relative or associate.

The main legal test of whether something amounts to harassment is whether, in the circumstances, a 'reasonable person' should have anticipated that their behaviour would offend, humiliate or intimidate. In either case, by definition, no one ever 'asks' to be harassed. Harassment can take many forms. It can be unintentional or a deliberate attempt to upset someone. It can be a series of repeated behaviours or a single event. The range of behaviours that could amount to harassment is very broad - at its most serious, harassment can also be a criminal offence. Depending on the circumstances, any of the following could also amount to harassment or sexual harassment:

• Telling racist, sexist, ageist or homophobic jokes.
• Asking intrusive questions about a person's private life or sexual activity.
• Verbal abuse or swearing.
• Excluding a person from decision making or from routine social occasions.
• Inappropriate physical contact.

All members should be concerned with all forms of workplace harassment as it creates an uneasy, intimidating, hostile or offensive work environment, interfering with an individual's work performance. For the victim it may cause pressure, distress, guilt, confusion and fear.

Sexual Harassment

Sexual harassment is uninvited and unwelcome sexual behaviour including physical contact, verbal abuse or comments and offensive gestures and literature. Sexual harassment may be a single incident or a series of incidents.

Sexual harassment includes, personally offensive verbal comments; sexual or smutty jokes; repeated comments or teasing about a person's alleged sexual activities or private life; persistent unwelcome social invitations or telephone calls from workmates at work or at home; unsolicited letters; obscene telephone calls; stares and leers; offensive hand or body gestures; unwelcome physical contact such as patting, pinching, touching or putting an arm around another persons body or bodily pressure on another persons body.

Sexual harassment should not be confused with workplace flirtation which is mutual and based on consent and attraction. Sexual harassment is coercive, it brings sex into the workplace to be used as a tool of control or abuse.

Sexual harassment is not the victim's fault.

HACSU members should take all necessary steps to prevent sexual harassment occurring in the workplace.