Sexual harassment is far more prevalent in the workplace than most people realise. If you feel you’re being sexually harassed, it’s important to clearly communicate (either verbally, in writing, or by your actions) to the harasser that the conduct makes you uncomfortable and that you want it to stop. If you don’t do this, the person harassing you may say you welcomed the conduct when you report the behaviour to someone within your organisation who has the power to stop the harassment.

What is construed as sexual harassment?

The legal definition of sexual harassment is ‘unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile working environment’. A single incident is probably not sexual harassment unless it’s severe, such as rape or attempted rape, which is also a criminal act. A single unwanted request for a date or one sexually suggestive comment might offend you or be inappropriate, but it may not be sexual harassment. However, several relatively minor incidents may add up to sexual harassment if they affect your working environment. Here are examples of sexual harassment provided the behaviour is unwelcome, severe or pervasive:

    • Verbal or written comments about your clothing, personal behaviour, your body; sexual or sex-based jokes; requesting sexual favours or repeatedly asking you out; sexual innuendoes; telling rumours about your personal or sexual life; or personal threats
    • Physical assault; impeding or blocking your movements; touching you or your clothing inappropriately; or kissing, hugging, patting, or stroking you
    • Looking up and down your body; derogatory gestures or facial expressions of a sexual nature; following you
    • Posters, drawings, pictures, screensavers or emails of a sexual nature.

Non-sexual conduct may also be sexual harassment if you’re harassed because you’re female, rather than male, or vice versa. For example, if you’re a woman working as a motorcar mechanic, and the only one whose tools are frequently hidden by your male co-workers, it may be sexual harassment.

If you’re fired, refused a promotion, demoted, or given a poor performance evaluation because you reject a sexual advance, it may be sexual harassment. It may also be sexual harassment if the conduct interferes with your work performance unreasonably or creates an ‘intimidating, hostile, or offensive working environment’. For example, it may be sexual harassment if repeated sexual comments make you so uncomfortable at work that your performance suffers or if you decline professional opportunities to avoid contact with the harasser.

Our Employee Wellbeing Programme (EAP) is available 24 hours a day if you want to know more about sexual harassment at work.