Australians who experience sexual harassment often face long-term financial strain, social stigma, emotional distress, and significant psychological harm. It can affect their careers, relationships, and overall well-being.
Each year, our sexual harassment lawyers help clients navigate complex employment laws and secure compensation and peace of mind to move forward with their lives.
Making a sexual harassment claim
If you’ve experienced sexual harassment in the workplace, you have the option of making an employment law claim. Sexual harassment includes any unwelcome behaviour of a sexual nature that creates a hostile or intimidating work environment.
To be eligible, the harassment must be severe enough to affect your work performance, emotional wellbeing, or career. If the behaviour was carried out by a colleague, supervisor, or even a client, your employer can be held accountable if they fail to take appropriate action.
Who is liable for the sexual harassment?
In Australia, the individual committing the sexual harassment is generally held liable. However, an employer (or company) can also be held liable if they failed to take reasonable steps to prevent the harassment, didn’t respond adequately, or attempted to cover it up. This is often referred to as vicarious liability.
How can we help
Our experienced sexual harassment lawyers are here to guide and advocate for you, whether your claim is resolved through direct negotiation, confidential mediation, or legal action (if necessary).
With extensive experience and trauma-informed training, we provide the support you need to navigate the legal process with care, helping you secure the compensation and closure you deserve.
We’re committed to protecting your livelihood and professional reputation, we have strong experience in handling sexual harassment claims. At Slater and Gordon, we’ll handle your inquiry with sensitivity and discretion and can arrange for you to speak with a solicitor of the same gender.
Sexual harassment in the workplace
Sexual harassment in the workplace includes unwelcome or unwanted sexual advances or requests for sexual favours which result in offence, humiliation, or intimidation.
Many acts can be considered sexual harassment, such as:
- Staring or leering
- Inappropriate physical contact such as touching or groping
- Requests for sex
- Sending sexually explicit images
- Unwanted invitations for dates
- Suggestive or inappropriate comments, jokes, or innuendos
- Probing questions about someone’s personal life or body
- Sexually explicit emails, texts, or social media messages
- Insults or taunts of sexual nature
Unfortunately, individuals who report sexual harassment often face negative repercussions such as bullying or isolation, which is often referred to as victimisation. Our employment lawyers regularly see clients hesitate to speak up due to fear of retaliation. However, be sure to keep in mind that both sexual harassment and victimisation are unlawful , and employers can be held accountable.
It’s important to note that while workplace bullying requires ongoing mistreatment, workplace sexual harassment does not and can be an isolated incident.
Industries where sexual harassment is most prevalent
Sexual harassment can happen in any workplace, but some industries see significantly higher rates than others. Sectors with the highest prevalence of sexual harassment include:
- Hospitality and retail
- Healthcare
- Law enforcement
- Arts and recreation services
- Information, media, tech, and telecommunications
- Electricity, gas, water, and waste services
What to do if you’re sexually harassed in the workplace
If you’ve experienced sexual harassment at work, taking the necessary steps is crucial to protect your rights:
Keep a detailed record of the harassment, including dates, times, locations, and what was said or done.
Notify your employer or HR department about the harassment. They are legally obligated to investigate and address the issue.
If the harassment involves criminal behaviour, such as assault or threats, it’s important to contact the police.
Consulting with our experienced employment lawyers will help you understand your legal options. We can help you navigate the process and ensure your rights are protected.
Depending on the situation, you may also file a complaint with bodies like the Australian Human Rights Commission or Fair Work Commission.
Frequently asked questions
FAQs
While exact time limits can differ between state based and federal law, at a federal level, you generally have 24 months from the date of the alleged sexual harassment to make a claim, so it’s important to act fast.
We first introduced No Win No Fee* to Australia in 1994 to make high-quality legal services more accessible. While sexual harassment claims previously required an upfront fee as part of our employment law services, we now offer them on a No Win No Fee basis, ensuring our clients can seek justice without financial barriers.
For the full terms and conditions view our No Win No Fee policy*.
In the event of a successful sexual harassment claim, you may be entitled to:
- Compensation for economic losses (loss of earnings, legal costs, psychiatric care costs)
- Compensation for non-economic losses (pain and suffering)
- Review of your workplaces’ sexual harassment policy and procedures
- Other forms of redress
Meet the Employment Law team
Our lawyers have a rare combination of high level legal knowledge, negotiation skills, reputation for great advocacy, pragmatism and compassion.