Everyone has the right to work with dignity, in a discrimination-free workplace.
At Gordon Legal, not only do we have decades of experience in protecting human rights and fighting against discrimination at work, but, as a firm, we are committed to promoting fairness and dignity at work.
We know that it takes courage to speak up. We understand the emotional and professional pressure of doing something about a workplace problem. We know that, sometimes, discrimination is hard to identify, and harder to prove.
But the first step is knowing what your rights are. At Gordon Legal we want to help you understand your rights and take steps to stop sexual harassment in the workplace. This article sets out some simple guiding principles to help you, so that, whether or not you decide to take action, you can make an informed decision.
The laws which protect against discrimination also apply to other forms of behaviour, such as sexual harassment.
Sexual harassment is:
where, in all the circumstances a reasonable person would have anticipated that the other person would (or might be) offended, humiliated or intimidated.
Sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth) as well as anti-discrimination legislation operating in every State and Territory.
Sexual harassment can occur through words or actions.It can include material transmitted by any means including post, phone, text message, video, e-mail, or on social media. The intention of the perpetrator, and the gender and/or sexual orientation of the perpetrator or target are irrelevant.
Sexual harassment does not have to be directed at a particular individual to be unlawful. Behaviour which creates a sexually hostile working environment can also be unlawful.
As with discrimination, sexual harassment can occur at work and work-related activities, including at work-related functions, even if they are held away from the workplace, and via social media.
At Gordon Legal, we do understand that it is sometimes difficult to take the plunge and make a complaint of discrimination, sexual harassment or similar offending conduct. Making a complaint is a very personal decision, which may be affected by a number of factors, such as emotional anxiety, fear of retaliation or even loss of a job.
However, there are some simple practical things you can do, which may help if, one day, you do decide to take action.
Please feel free to get in touch with us here at Gordon Legal if you need further advice about potential discrimination you have suffered and what you might be able to do about that.