The Acts set out the definitions of harassment and sexual harassment, and provide that in certain circumstances, where harassment or sexual harassment occurs in the workplace, that this may constitute discrimination by the employer in relation to the victim’s terms and conditions of employment.
The definition of harassment is wide and includes unwanted conduct in relation to one of the grounds of discrimination. Employers must take steps in order to ensure harassment in the workplace is prevented. Evidence that such steps were taken will constitute a defence for an employer who is alleged against someone who works for the employer.
A Code of Practice on Sexual Harassment and Harassment at Work was updated in 2012 to help provide practical guidance on what constitutes harassment and how it may be prevented.