Sexual harassment a no go at Christmas parties

26/11/2008

With the festive season approaching, employers are encouraged to remind employees that the work Christmas party is a work function and sexual harassment is unlawful and not acceptable.

"Sexual harassment is against the law and whether the Christmas party is off-site or outside work hours, employers have a legal responsibility to protect employees against sexual harassment," says Dr Helen Szoke, chief executive officer at the Victorian Equal Opportunity and Human Rights Commission.

Yet sexual harassment continues in spite of the law, and the Commission receives complaints of sexual harassment experienced at work Christmas parties.

"It may be timely for employers to remind staff that the same code of conduct that applies at work also applies at the Christmas part,” says Dr Szoke. "Sexual harassment can have serious consequences and may affect a person's physical and psychological health. It can also lead to costly compensation claims for the employer."

Dr Szoke said that sexual harassment could include emails, voice messages and text messages as well as actual physical behaviour. "Sexual harassment is any behaviour of a sexual nature that is unwelcome, unasked for and unreturned. It can be physical, verbal, written or visually offensive material."

"For example, sexually explicit or offensive Kris Kringles can also result in sexual harassment complaints. Employers need to inform staff that Kris Kringle gifts should not be offensive or sexual in nature."

"Overindulging in alcohol can lead to risky behaviour, as people's behaviour may get out of hand if they drink too much. Employers should monitor alcohol consumption and behaviour. If someone is behaving inappropriately, the employer should be prepared to act quickly and try to diffuse the situation."

In 2007 - 2008, the Victorian Equal Opportunity and Human Rights Commission received 439 enquiries about sexual harassment and 206 formal complaints. The majority of those complaints originated in the workplace.

"The majority of these complaints were from women, and research shows that the most women who experience sexual harassment do not report it - so it is a very serious issue," Dr Szoke said.

The Commission is responsible for eliminating unlawful discrimination and harassment in Victoria.

People who believe they have been sexually harassed should contact the Victorian Equal Opportunity and Human Rights Commission. Employers wanting more information about their responsibilities and possible strategies to avoid complaints of sexual harassment can also contact the Commission. Telephone: 9281 7100.

Media contact Janeen Lynch 0419 33 77 34