However, had I told some of the jokes in an actual workplace, I could have left myself open to charges of sexual harassment. That is why many companies in Australia, (and other countries as well) prohibit the telling of "sexual jokes."
Therefore, I thought it timely to point out that not only is sexual harassment in the workplace unacceptable, in many environments it is also illegal.
It is important to note that in many countries, an employer may be liable for unlawful discrimination or harassment by an employee, or the actions of an agent.
Legislation and guidelines relating to sexual harassment are not universal, but I have attempted a generalised overview of what constitutes sexual harassment, along with a few examples.
Overview
Sexual harassment can take various forms such as comments or insinuations about someone's private life, sexual jokes, offensive telephone calls or messages, displays of offensive materials, obscene gestures, unnecessary familiarity, persistent unwelcome invitations or even assault.
Sexual Harassment
Sexual harassment is any uninvited and unwelcome sexual behaviour or advances of a sexual nature and unwelcome requests for sexual favours that make a person feel offended, humiliated or intimidated and it is reasonable under the circumstances that a person would feel that way.
This includes physical, verbal or written sexual conduct that is unsolicited and unwanted and is therefore undesirable and offensive to the recipient. At times it is conducted through email.
Examples of sexual harassment
- Uninvited touching, kisses or embraces
- Sexual jokes, offensive sexual comments, innuendoes or propositions (verbal or sent electronically)
- Display of graphic materials such as posters, cartoons and messages left on notice boards or computer screen savers
- Unwelcome sexual e-mail messages
- Sexually explicit conversations
- Persistent sexually implicit invitations to go out after prior refusal
- "Flashing"
- Unwelcome physical contact such as massaging, patting, pinching, fondling or brushing up against a person in a sexual manner
- Staring, or leering at a person or at parts of their body and making suggestive comments about their appearance or making sexual gestures
- Stalking
Remember, it is not the intention of the alleged harasser that is the issue, but rather the victims perception and experience of the alleged harasser’s behaviour.
