SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 28 Sexual harassment in employment

SEX DISCRIMINATION ACT 1984 No. 4, 1984 - SECT 28

Division 3-Discrimination Involving Sexual Harassment

28. (1) It is unlawful for a person to harass sexually-

   (a)  an employee of that person;

   (b)  an employee of a person by whom the first-mentioned person is
        employed; or

   (c)  a person who is seeking employment by the first-mentioned person or by
        an employer of the first-mentioned person.

(2) It is unlawful for a person to harass sexually-

   (a)  a commission agent or contract worker of that person;

   (b)  a commission agent or contract worker of a person of whom the
        first-mentioned person is a commission agent or contract worker; or

   (c)  a person who is seeking to become a commission agent or
        contract worker of the first-mentioned person or of a person of whom
        the first-mentioned person is a commission agent or contract worker.

(3) A person shall, for the purposes of this section, be taken to harass
sexually another person if the first-mentioned person makes an unwelcome
sexual advance, or an unwelcome request for sexual favours, to the other
person, or engages in other unwelcome conduct of a sexual nature in relation
to the other person, and-

   (a)  the other person has reasonable grounds for believing that a rejection
        of the advance, a refusal of the request or the taking of objection to
        the conduct would disadvantage the other person in any way in
        connection with the other person's employment or work or possible
        employment or possible work; or

   (b)  as a result of the other person's rejection of the advance, refusal of
        the request or taking of objection to the conduct, the other person is
        disadvantaged in any way in connection with the other person's
        employment or work or possible employment or possible work.

(4) A reference in sub-section (3) to conduct of a sexual nature in relation
to a person includes a reference to the making, to, or in the presence of, a
person, of a statement of a sexual nature concerning that person, whether the
statement is made orally or in writing.