What to do if you’ve experienced sexual harassment at work

Sexual harassment in the workplace isn’t always easy to define – but if you’ve experienced it, you know how deeply it can affect your wellbeing, career, and sense of safety.

Legally, sexual harassment is defined as any unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated – where a reasonable person would anticipate that response in the circumstances.

In real life, it can look very different from one case to the next. Our clients have reported a range of behaviours that constitute sexual harassment in the workplace, including:

• Receiving sexual text messages
• Being offered unsolicited massages
• Repeated unwanted invitations to meet up
• Inappropriate discussions about affairs
• Unwelcome touching, hugging, groping or slapping
• Being asked about their sex life
• Being stalked in person or online
• Sexualised comments about their appearance or body
• Being stared at or leered at
• Being sent explicit images via email

If any of this sounds familiar, you’re not alone – and there are options.

What can you do?

If you’ve experienced sexual harassment at work, there are a number of legal pathways available, depending on the circumstances and impact. These include:

WorkCover

If you have suffered injury as a result of sexual harassment in the workplace you may lodge a claim under the Workplace Injury Rehabilitation and Compensation Act 2013. When you have an accepted Workcover claim you are entitled to weekly payments for periods that you are unable to work, medical expenses and payment of a lump sum for permanent impairment (if assessed at above 30% for a psychological injury as assessed under the American Medical Association Guides).

Whilst the person who sexually harasses you is responsible for the harassment, employers can also be held accountable for the actions of employees.

A common law claim for damages may be commenced if you have a serious injury which is defined as a “permanent severe mental or permanent severe behavioral disturbance or disorder.” If successful, these claims can result in lump sum payments for past and future economic loss in addition to awards of damages for pain and suffering capped at approximately $640,000.

Comcare

If you work for a Commonwealth employer or an organisation covered by the Comcare scheme, your claim may fall under the Safety Rehabilitation and Compensation Act 1988.

Eligible benefits include:

• Weekly incapacity payments
• Medical and rehab costs
• Lump sum for permanent impairment (if rated over 10%)
• Potential common law claim for negligence (capped at $110,000 for general damages)

Australian Human Rights Commission / Federal Court

In addition to any entitlements under the workers compensation schemes you may also be able to commence a claim under the Sex Discrimination Act 1984 by making an application to the Australian Human Rights Commission.

Most complaints lodged with the Australian Human Rights Commission go through a conciliation process.  If your complaint does not resolve at the Australian Human Rights Commission, you have the option to issue proceedings in the Federal Court alleging discrimination in the workplace.

The Federal Court can award compensation for:

• Economic loss
• Emotional distress and humiliation

Recent decisions have resulted in general damages exceeding $100,000 for victims suffering long-term psychological harm.

Additional options you can consider

WorkSafe Victoria

You can report sexual harassment to WorkSafe by calling 1800 136 089. They offer advice and can investigate workplace breaches.

Victoria Police

Some forms of sexual harassment could constitute criminal offence and should be reported to the police by calling 131 444.

If you need to make a complaint or report to the police you need to contact the relevant state Sexual Offences division.

Victims of Crime Compensation

You may apply to the Victims of Crime Compensation and Counselling Service which provides limited compensation and counselling services if you have been directly injured as a result of a violent crime. The offender does not need to be apprehended or charged or convicted in order for you to apply but the crime must be reported to the police.

Fair Work Commission

The Commission can make a “stop sexual harassment” order under the Fair Work Act 2009, or provide remedies for lost wages and other impacts.

Equal Opportunity Commission / VCAT

You can lodge a complaint with the Victorian Equal Opportunity & Human Rights Commission. They offer voluntary dispute resolution where outcomes may include:

• An apology
• Payment for lost income
• Commitments to change or training

If not resolved, you may escalate to VCAT.

Your Employer

You can also raise concerns internally – through your manager, HR, or a workplace health and safety representative. Many employers have obligations to investigate and act on complaints of harassment.

We can help you

If you’ve experienced sexual harassment at work, you don’t have to deal with it alone. At Arnold Thomas & Becker, our experienced lawyers can guide you through your legal rights and support options.

We offer free initial consultations and work on a No Win No Fee basis.

Call 1300 333 300 to speak confidentially with a lawyer today, or send us a message using the form below.