Employment & Workplace Law
Sexual harassment at work is unlawful — and you have real options.
Under the Sex Discrimination Act 1984 and the Fair Work Act 2009, every employee has the right to a workplace free from sexual harassment. If your employer has failed to protect you — or retaliated against you for speaking up — specialist lawyers can help you understand your rights and pursue a remedy.
⚠ Strict time limits apply to sexual harassment complaints — some as short as 24 months from the last incident — submit your request now.
Does This Sound Like You?
Common situations we help with.
Harassed by a manager or colleague
A person in your workplace — whether a direct supervisor or a peer — has made unwanted sexual advances, touched you without consent, or subjected you to a pattern of sexually explicit comments. You have reported it internally but nothing has changed, or you are afraid to report it at all.
Unwanted sexual comments or messages
You are receiving sexually suggestive comments, jokes, emails, or messages that make your workplace hostile and uncomfortable. Even if the perpetrator insists it is "just banter", offensive sexual conduct that is unwelcome is harassment regardless of intent.
Quid pro quo — job tied to sexual favours
Someone with power over your employment — a manager, partner, or client — has implied or explicitly stated that a promotion, better shifts, or keeping your job depends on you complying with sexual requests. This is one of the most serious forms of workplace harassment and is unlawful.
Customer or client harassing you — employer not acting
You have been subjected to sexual harassment from a customer, client, or contractor, and when you told your employer, they minimised it, told you to "deal with it", or took no protective steps. Employers have a positive duty to protect workers from third-party harassment.
Retaliated against after making a complaint
After raising a sexual harassment complaint, you have been passed over for promotion, given worse shifts, excluded from meetings, or otherwise treated adversely. Retaliation for making a workplace complaint is itself unlawful under the general protections provisions of the Fair Work Act 2009.
Forced to resign because of ongoing harassment
The harassment or your employer's failure to stop it made your working conditions so intolerable that you felt you had no choice but to quit. This may amount to constructive dismissal — a resignation that the law treats as a termination — and you may be entitled to claim as if you were unfairly dismissed.
How It Works
Three steps to getting the legal help you need.
You do not need to know which law applies or which body to complain to — that is exactly what the initial consultation is for. Submit your request and a specialist employment lawyer will map out your options.
Submit Your Sexual Harassment RequestSubmit your request
Tell us what happened — in confidence. The more detail you provide, the better prepared your lawyer will be for the consultation.
Free consultation with a specialist
A lawyer experienced in sexual harassment and discrimination law reviews your situation, explains which bodies have jurisdiction (Fair Work Commission, AHRC, or a state tribunal), and advises on the strength of your claim.
Proceed on your terms
You decide how to move forward — whether that means a formal complaint, negotiating a resolution with your employer, or another path. No pressure, no commitment required after the consultation.
2023
Positive duty reforms commenced — employers must now actively prevent sexual harassment, not just respond to it
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Multiple
Avenues available — Fair Work Commission, Australian Human Rights Commission, and state equal opportunity bodies
Before You Decide
Practical questions about sexual harassment at work.
What is sexual harassment under the Sex Discrimination Act 1984? +
Under section 28A of the Sex Discrimination Act 1984 (Cth), sexual harassment occurs when a person makes an unwelcome sexual advance, an unwelcome request for sexual favours, or engages in other unwelcome conduct of a sexual nature in circumstances where a reasonable person would anticipate the possibility that the person harassed would be offended, humiliated, or intimidated. Intent is not required — it is the impact and the unwelcome nature of the conduct that matters. The Act covers employees, contractors, volunteers, and job applicants.
What changed under the 2023 positive duty reforms? +
From 12 December 2022, amendments to the Sex Discrimination Act introduced a positive duty requiring employers and persons conducting a business or undertaking (PCBUs) to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex discrimination, and related conduct in their workplaces. This shifted the law from a reactive complaints-based model to a proactive prevention framework. The Australian Human Rights Commission gained new compliance and investigation powers from August 2023 and can now conduct inquiries into whether duty holders are meeting their obligations, even without a formal complaint.
Where can I make a sexual harassment complaint? +
You have several options. The Australian Human Rights Commission (AHRC) handles complaints under the federal Sex Discrimination Act — it offers a free, confidential conciliation process. Since 2022, you can also apply directly to the Fair Work Commission for a "stop sexual harassment" order or for general protections if you were dismissed for complaining. State and territory equal opportunity bodies — such as the Victorian Equal Opportunity and Human Rights Commission, NSW Anti-Discrimination Board, and equivalents in other states — handle complaints under state legislation and can be a faster pathway in some circumstances. A lawyer can advise which forum is most appropriate for your specific situation.
How long do I have to make a complaint? +
Time limits vary by forum. Under the Sex Discrimination Act, complaints to the AHRC must generally be lodged within 24 months of the last act of harassment, though the Commission has discretion to accept later complaints in exceptional circumstances. For Fair Work Commission applications relating to dismissal connected to harassment, the standard 21-day limit from dismissal applies. State bodies have their own time limits, often 12 months. Because these deadlines are strict, it is critical to seek legal advice as soon as possible after the harassment occurs.
What compensation can I receive for workplace sexual harassment? +
Remedies in harassment cases can include compensation for economic loss (lost wages, reduced career prospects), general damages for hurt, humiliation, and distress, and in egregious cases, aggravated damages. If the matter reaches a federal court, there is no statutory cap on damages in sexual harassment claims under the Sex Discrimination Act, unlike the cap that applies in unfair dismissal cases. Many cases also settle through conciliation at the AHRC or Fair Work Commission, often including confidential monetary payments, a formal apology, or changes to workplace policies.
Am I protected from retaliation if I make a complaint? +
Yes. Making a sexual harassment complaint is a protected activity under both the Sex Discrimination Act and the general protections provisions of the Fair Work Act 2009. If your employer takes adverse action against you — including dismissal, demotion, reducing your hours, or creating a hostile work environment — because you made or intend to make a complaint, that is itself unlawful. You can bring a separate general protections claim, and the burden of proof shifts to the employer to prove the adverse action was not taken for a prohibited reason. Retaliation claims can be pursued in conjunction with your underlying harassment complaint.
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