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Sexual Harassment:

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Sexual harassment can be defined as conduct of a sexual nature which is unwelcome and unwanted.  At times it may also be behaviour which would also be an offence under the criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications. Whether an act constitutes conduct of a sexual nature and thereby sexual harassment depends upon the nature or the quality of the act. A qualified Discrimination Lawyer may be able to assist you throughout any Sexual harassment related matter.

Sexual harassment is defined at law as occurring if a person subjects another person to an unwelcome act of physical intimacy; makes an unwelcome demand or request (whether directly or by implication) for sexual favours from the other person; makes an unwelcome remark with sexual connotations; or  engages in any other unwelcome conduct of a sexual nature. Also that person does so with the intention of offending, humiliating or intimidating the other person; or  in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct; or  that other person is, or reasonably believes that he or she is likely to be, subjected to some detriment if he or she objects to the act, demand, request, remark or conduct.

There is a wealth of statue and case law that defines the range of conduct that has been found to fall within the description of sexual harassment. Conduct that can constitute sexual harassment includes unwelcome touching, hugging or kissing, staring or leering, suggestive comments or jokes, sexually explicit pictures, screen savers or posters,  unwanted invitations to go out on dates or requests for sex, intrusive questions about an employee’s private life or body,  unnecessary familiarity,  insults or taunts based on sex, sexually explicit emails or SMS messages, accessing sexually explicit internet sites. In addition sexual harassment includes. A skilled Discrimination Lawyer could be immensely useful in handling your sexual harassment matter.

There is a reasonable person test that needs to be satisfied in establishing whether sexual harassment has occurred. This element of sexual harassment involves both an objective and subjective component. In determining whether a “reasonable person” would have anticipated the possibility that the particular complainant would have been humiliated, offended or intimidated (taking into account the victim’s subjective characteristics) a court or tribunal is likely to make the “reasonable person” assessment having regard to issues similar to those relevant to whether the conduct was unwelcome. These can include issues such as any power imbalance, differences in age, marital status, sexual preference, religious belief, race, colour, national/ethnic origin or background of the complainant.  In addition, regard will also be had to whether the complainant participated in similar conduct and, if so, it may be difficult for the complainant to demonstrate that it was reasonable that they would be intimidated or offended by the same conduct. Comprehensive and detailed legal advice from a Discrimination Lawyer can assist you in understanding the intricacies and details in this area of law.

If you need legal advice in the area of Sexual Harassment, we invite you to book an appointment with us by telephone on (02) 9233 4048 or by email to info@navado.com.au.  

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