Understanding Sexual Harassment in the Workplace

At Richardson & Lyons, our employment law team provides clear, practical advice to employees dealing with workplace harassment and other difficult employment matters. We understand that making a complaint about sexual harassment can be stressful, particularly when the behaviour involves a co-worker, manager, employer, or someone connected to your workplace. Our experienced sexual harassment lawyers take the time to listen, understand what has happened, and provide expert legal advice tailored to your individual needs.

Sexual harassment is any unwelcome sexual behaviour that makes a person feel uncomfortable, intimidated, offended, or humiliated. It can involve behaviour of a sexual nature, unwanted sexual advances, inappropriate comments, suggestive comments, intrusive questions, sexual favours, or sexually explicit images. Regardless of the form it takes, unwelcome conduct of this kind has no place in any workplace.

Workplace sexual harassment does not always involve physical contact. It may include verbal comments, messages, online conduct, gestures, or other unwelcome sexual conduct that occurs in connection with employment.

A person may have experienced sexual harassment if a reasonable person would have anticipated that the behaviour could offend, humiliate, or intimidate someone in the circumstances.

Sexual harassment at work can affect a person’s confidence, wellbeing, professional reputation, and ability to feel safe in their workplace. It may also have wider impacts on a person’s financial situation, career, and personal life.

When Can Behaviour Constitute Sexual Harassment?

Many people are uncertain about whether what happened to them is serious enough to take action. Sexual harassment can take many forms. It can occur between people of the same gender or different genders, and may involve a co-worker, manager, client, or any other person connected to the workplace. 

Further examples include:

  • Unwanted sexual advances or requests for sexual favours.
  • Inappropriate comments about a person’s body, appearance, or sex life.
  • Sexual jokes or suggestive comments.
  • Sharing sexually explicit images or messages.
  • Intrusive questions about someone’s private life.
  • Unwelcome touching or physical contact.
  • Behaviour that creates a hostile or unsafe workplace environment.

A one-off incident can still constitute sexual harassment. It does not need to happen repeatedly for a person to have legal rights. In some cases, workplace sexual harassment may also involve conduct that constitutes sexual assault, which is a criminal matter and may require separate advice, including referral to police. 

If you believe you have been sexually harassed, our sexual harassment lawyers can help you understand whether your experience may give rise to a legal claim and what steps may be available.

How a Workplace Sexual Harassment Lawyer Can Help

Experiencing sexual harassment can leave you feeling uncertain about what to do next. You may be worried about making a formal complaint, the impact on workplace relationships, or how your employer may respond. Our workplace sexual harassment lawyers provide support throughout the legal process, including:

Understanding your legal options

We explain your rights and the options available based on your circumstances. This may include advice about making a sexual harassment complaint or raising concerns internally, pursuing an external complaint, or taking further legal action.

Reviewing your situation

Our lawyers carefully consider what happened, including the behaviour involved, the people affected, workplace policies, and the response of your employer. We help you understand whether the conduct may fall within workplace sexual harassment laws and what evidence may be relevant to your matter.

Providing legal representation

If you decide to proceed, our team can provide legal representation and guide you through negotiations, complaints processes, and, where necessary, the court process. We focus on achieving successful, trauma informed outcomes while ensuring you understand each stage of the process.

Workplace Harassment and Your Employer’s Responsibilities

Employers have obligations under both Commonwealth sex discrimination law and Queensland discrimination and work health and safety law. These responsibilities include providing a safe workplace and taking reasonable steps to prevent sexual harassment and workplace harassment. These obligations often sit alongside broader occupational health and safety requirements that apply to all Queensland employers.

The positive duty under Australian law requires organisations to take reasonable steps to eliminate sexual harassment, discrimination, and other unlawful conduct in the workplace. This is a legal obligation under the Sex Discrimination Act, and it’s designed to create real change by preventing unlawful behaviours before they occur, rather than simply responding after the fact. Where an employer fails to respond appropriately, they may be held liable in certain circumstances. Understanding your rights can help you make informed decisions about what happens next.

Making a Sexual Harassment Complaint

Deciding whether to make a formal complaint can be difficult. Many employees worry about workplace consequences, relationships with co-workers, or how their employer will react. A sexual harassment complaint may involve raising concerns with your employer, an external organisation, or through legal channels, depending on the circumstances.

Our employment law team can help you understand:

  • Whether making a formal complaint is the right option for you.
  • What information may support your complaint.
  • How your employer should respond.
  • Whether you may have a claim for financial compensation, including for lost income.
  • Possible non-monetary outcomes, such as training for those involved, or a change to workplace policies
  • What time limits may apply.

In some circumstances, pursuing sexual harassment claims may lead to outcomes beyond financial compensation alone. There is no single approach that applies to every situation. We provide advice based on your individual needs and help you understand your legal options.

Experienced Sexual Harassment Lawyers Providing Trusted Advice

At Richardson & Lyons, we understand that sexual harassment matters require sensitivity, care, and a thorough understanding of employment law.

Our employment lawyers combine legal expertise with a practical understanding of the challenges employees face when dealing with harassment in the workplace.

We provide a safe space where clients can discuss their experiences and receive honest advice about their situation. Our team has extensive experience assisting clients with workplace disputes, employment matters, and sexual harassment cases. We focus on clear communication, careful preparation, and providing advice that helps clients move forward with confidence.

When you are dealing with sexual harassment at work, choosing the right lawyers can make an important difference.

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We explain complex legal issues in plain language, helping you understand your rights and the legal process.

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Where appropriate, we use negotiation skills to help resolve matters efficiently while protecting your interests.

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Every matter is different. We take the time to understand your circumstances and provide advice based on your goals and needs.

Speak With Sexual Harassment Lawyers About Your Options

If you have experienced sexual harassment, you do not have to navigate the situation alone. Getting early legal advice can help you understand your rights, the available pathways, and the best course of action for your circumstances.

Whether you are considering making a complaint, seeking financial compensation, or simply looking for further information, Richardson & Lyons can help. Contact our team today to arrange a first consultation and receive expert legal advice about your workplace sexual harassment matter.

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