Recognising and preventing sexual and workplace harassment

Revised: July 2015
Recognising and preventing sexual and
workplace harassment
This document is issued for general guidance only. It does not constitute professional advice. The issues with which it deals are complex and the document
necessarily deals only with general principles. No reader should rely on this document for the purpose of making a decision as to action but should seek the
appropriate advice from the Union on the particular circumstances of that reader. The Union accepts no responsibility for the consequences should any person
act in reliance on this document without obtaining the appropriate advice from the Union.
Sexual harassment
harassment. It should be made clear, however,
that sexually-oriented behaviour in any form within
the workplace is usually inappropriate.
Definition
Sexual harassment can be
unwelcome sexual advance,
request for sexual favours or
conduct of a sexual nature.
unwelcome.
defined as any
an unwelcome
other unwelcome
The key word is
It is the person on the receiving end who decides
whether behaviour is unwelcome. What
constitutes sexual harassment to one person may
be acceptable and inoffensive to another.
Sexual harassment is defined as a form of
discrimination because a person who is sexually
harassed is usually the target of this behaviour
because of his/her gender.
Sexual harassment can take various forms and
can be obvious or indirect, physical or verbal, and
may involve a single incident or a series of
incidents.
Some examples of sexual harassment

unwelcome physical contact – touching,
brushing against someone, patting, pinching
etc.

sexual or suggestive comments – innuendo,
smutty jokes, suggestive comments about
someone's appearance or body, unwanted
invitations etc.

non-verbal action – leers, stares, displays of
explicit sexual material etc.

offensive communications – telephone calls,
letters, faxes, emails and text messages.
Some forms of sexual harassment, such as
assault, physical molestation, stalking, sexual
assault and indecent exposure, are also criminal
offences.
Workplace harassment
Definition
Workplace harassment is repeated behaviour by
another or others in the workplace, other than
behaviour amounting to sexual harassment, that:

is unwelcome and unsolicited

the person considers to be offensive,
intimidating, humiliating or threatening

a reasonable person would consider to be
offensive,
intimidating,
humiliating
or
threatening.
Workplace harassment can include vilification.
Workplace harassment does not include
reasonable action taken by management to
address issues of employee performance. It does
not include reasonable action taken by the chief
executive in connection with a person’s
employment.
Some examples of workplace harassment

yelling, screaming, abuse, offensive language,
insults, inappropriate comments about a
person’s appearance, life or lifestyle

belittling opinions or constant criticism of a
person’s work

isolating staff from normal work interaction,
training and development or career
opportunities or social functions

overwork, unnecessary pressure, impossible
deadlines

under-work, creating a feeling of uselessness
It is important to note that sexually-oriented
behaviour which is welcome is not sexual
Authorised by Graham Moloney, General Secretary, Qld Teachers' Union, P O Box 1750, Milton BC Qld 4064
Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050
Recognising and preventing sexual and workplace harassment – Revised: July 2015

undermining work performance, deliberately
withholding work-related information or
resources or supplying incorrect information

unexplained job changes, meaningless tasks,
tasks beyond a person’s skills

tampering with a person’s personal effects or
work equipment

teasing or regularly making a person the
centre of pranks or practical jokes

Page 2 of 2

Refer to the DET policy on workplace
harassment, sexual harassment and violence
on the DET website. The policy outlines the
responsibilities of both employees and
supervisors.

Request mediation with a third party present
(Union or principal).

Lodge a complaint against the other party
using the Managing Employee Complaints
process.
displaying written or pictorial material which
degrades or offends others.

Make a complaint of sexual harassment
directly to the Director-General of Education.
The impacts and costs of discrimination
and harassment

Consider lodging a complaint of sexual
harassment with the Anti-Discrimination
Commission
Queensland,
once
the
complaints process has been exhausted.

Seek medical advice, if you become unwell as
a result of the stress.
Organisation

loss of morale,
increased
absenteeism
Lodge a WorkCover claim, if you suffer from
stress as a result of harassment at work.

Discuss the situation with other members at
the workplace to find a suitable resolution, if
the harassment is affecting a large number of
members.
Discrimination and harassment can significantly
impact on both the individual involved and the
department. Some common impacts/costs of
such behaviour are:
Individual

stress/anxiety/fear/
anger/resentment

hatred of
work/ostracism


loss of productivity

lack of work
satisfaction

cost of legal
action/settlement

increased sick
leave/illness

vicarious liability, high
staff turnover

poor work
performance/low
productivity

lack of loyalty to
organisation, mistrust,
division

reduced self
esteem/loss of
confidence

higher premiums due
to increased
WorkCover claims

reduced promotion
opportunities

loss of reputation, bad
publicity

dismissal/staff
conflict


discomfort/exclusion/
intimidation /distress.
increased workplace
health and safety
issues.
Options for dealing with workplace or
sexual harassment

Keep diary notes recording incidents of
harassment.

Seek advice from your supervisor, colleague
or workplace Union Rep.

Speak to the harassers and let them know
that you find their behaviour unacceptable.

Seek advice from the DET employee advisor
or equity contact officer at regional office.

Seek advice and representation, where
necessary, from your QTU Organiser.
The role of the bystander
The "hidden" nature of sexual harassment makes
it especially difficult to bring the problem to the
surface.
It may be beneficial to enlist the help of
bystanders; that is individuals who witness or are
informed of sexual harassment. Bystanders can
be highly effective in raising awareness of sexual
harassment.
They can also intervene to prevent harm and
contribute to improving workplace practices and
cultures that reduce the occurrence of sexual
harassment.
Contact the QTU to further discuss options that
might be available depending on your individual
circumstances.
Authorised by Graham Moloney, General Secretary, Qld Teachers' Union, P O Box 1750, Milton BC Qld 4064
Web: www.qtu.asn.au Email: [email protected] Phone: 07 3512 9000 Fax: 07 3512 9050