What is the best way to deal with sexual harassment in the workplace?
Employers can help protect their workplace against sexual harassment by implementing an effective sexual harassment prevention programme and ensuring that staff are aware of the organisation's policy and procedures relating to sexual harassment.
Sexual harassment may include:
An employer or employer's representative making a request, directly or indirectly, of an employee for sexual intercourse, sexual contact, or other form of sexual activity that contains:
an implied or overt promise of preferential treatment in that employee's employment, or
an implied or overt threat of detrimental treatment in that employee's employment, or
an implied or overt threat about the employee's present or future employment status
An employer or employer's representative using language (written or spoken), visual material or physical behaviour of a sexual nature:
that is unwelcome or offensive to that employee (whether or not this is conveyed to the employer or representative), and
that is either repeated or is so significant that it has a detrimental effect on the employee's employment, job performance, or job satisfaction
If an employee believes they are being sexually harassed in the workplace, either by another employee or a customer, they need to raise it with their employer. They may decide to discuss the problem with the employer, either directly or through a representative such as a union representative.
If a sexual harassment complaint cannot be resolved through discussion with the employer, then mediation could be an option. Mediation is a service that is available to employers and employees to assist in the resolution of employment relations problems.
Alternatively, an employee may make a complaint to the Human Rights Commission. The Commission can offer dispute resolution services, which may include mediation. More information can be found on their website or by phoning 0800 496 877.
Date Modified: Thursday, March 31, 2011
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and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.