What counts as “the workplace” when it comes to workplace sexual harassment?

Sexual harassment is defined as an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which, in the circumstances would anticipate the possibility that the person would feel offended, humiliated, or intimidated.

Workplace sexual harassment takes place at work, or in connection with work.

A person’s workstation (the place where they do their work) remains the most common place where workplace sexual harassment occurs – this could be an office desk or a workbench, or it could be a classroom, a kitchen, or operating a piece of machinery, depending on the industry you work in.

While this is still the case, each year Australian workers are increasingly less likely to be sexually harassed at their workstation. In 2018, 53% of workplace sexual harassment occurred at a work station, while in 2022, just 38% of workplace sexual harassment occurred at a work station.

So, when we talk about workplace sexual harassment, where, other than your work station, can count as ‘at work’ or ‘in connection with work’?

Communal areas and facilities

Depending on the workplace, communal spaces might be social areas, like a kitchen or lunchroom, or a facility like a work gym, bathroom or change room.

23% of workplace sexual harassment in Australia that occurred between 2017 and 2022 occurred in a social area for employees, which included locations such as a staff kitchen or a lunchroom.

The Enough is Enough report highlighted that, for example, for workers in the fly-in fly-out mining industry, communal laundries, messes and walkways were often the site of workplace sexual harassment incidents due to factors such as isolation from other workers, and access to alcohol. Further, the Respect@Work report found that some roles in the STEM sectors require workers to work in remote locations, at non-standard hours, and for long periods, identifying these as risk factors driving higher rates of workplace sexual harassment.

Work events

15% of workplace sexual harassment incidents occur at a work social event such as after-work drinks, and 6% on a work-related trip, retreat, or off-site meeting.

Further, staff Christmas parties and work-related conferences are also often the site of workplace sexual harassment, particularly in workplaces where culture is poor and alcohol consumption is high.

Due to increased reports of sexual harassment related to work Christmas parties, the Working Women’s Centre South Australia created a useful fact sheet to assist employers in planning safe work events, which includes tips such as setting behavioural expectations in advance, having a cut-off time for alcohol service, and providing a range of transport options to and from the event for workers.

Working from home

Technological changes, combined with an increase in remote workers post-pandemic, has changed the nature of how we work. Sexual harassment behaviours have likely adapted too.

For workers in industries like the information, media and telecommunications and financial and insurance services industries (such as publishing or broadcasting) , rates of remotely perpetrated workplace sexual harassment are particularly high.

Workplace sexual harassment behaviours can include coworkers, managers or clients sending inappropriate, sexual comments and jokes over emails, video calls, or messages, and sending sexual images or videos – even a meme could be sexual harassment.

Sexual harassment can happen in any location where people work in Australia.

It can take place across a variety of locations and circumstances in connection to your work – it’s not limited to a physical workstation or even a workplace, and it isn’t limited to the examples provided above either.

If you think you’ve been sexually harassed at work, or you’re not sure, learning more about your options can be a great place to start.

Disclaimer: Please be aware that this resource provides general information only.  It is not legal advice. If you have a question about how the law applies to your specific situation, you can click here to request free legal assistance.