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 messagesBeing offered unsolicited massagesRepeated unwanted invitations to meet upInappropriate discussions about affairsUnwelcome touching, hugging, groping or slappingBeing asked about their sex lifeBeing stalked in person or onlineSexualised comments about their appearance or bodyBeing stared at or leered atBeing 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 paymentsMedical and rehab costsLump 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 lossEmotional 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 apologyPayment for lost incomeCommitments 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.