Work can be tough enough without the extra weight of dealing with harassment on top of it. Whether it’s sly remarks, being undermined in meetings, or straight-up intimidation, it’s something far too many women have quietly endured. It’s exhausting, it’s infuriating, and sadly, it’s still happening across all sorts of industries. We recently talked with the people at Podmore Legal, a law firm with extensive experience in legal representation around Western Australia and Victoria, and they shed some helpful light on the matter. Turns out, the law has more to say about workplace harassment than many people realise.
This guide is here to help break down what counts as harassment, what protections exist, and most importantly, what you can actually do if it’s happening to you or someone you care about. Think of it as a conversation with that switched-on neighbour who’s been through it and knows where to point you.
What Legally Counts as Workplace Harassment?
Legal Definitions
First off, let’s get the legal bits clear.To legally qualify as harassment, the behaviour usually needs to be unwelcome, repeated, and likely to cause a person to feel humiliated, offended or intimidated. Under Australian law, things get more specific when a person is being harassed due to things like their gender, race, disability, age, or sexual orientation. These are called protected attributes.
Sexual harassment, for instance, is its own category and is unlawful under both the Fair Work Act and various state-based anti-discrimination laws. That includes inappropriate comments, unwanted touching, suggestive texts, or jokes that cross a line. The key thing is: if someone’s behaviour makes you feel uncomfortable or unsafe, and especially if it’s linked to a protected attribute, there’s a strong chance the law has your back.
Harassment vs Bullying
Now, let’s clear up the confusion between bullying and harassment. Workplace bullying is defined a bit differently. It’s when someone repeatedly behaves unreasonably towards a worker, and that behaviour creates a risk to health and safety. It doesn’t have to be tied to a protected attribute.
Harassment, on the other hand, tends to involve a link to things like gender or race and falls under discrimination laws. Both are harmful, both are serious, but they fall under different parts of the law and might require different steps if you want to report or challenge them.
Real-Life Examples
It can be tricky knowing what crosses the line, especially when some workplaces brush things off as “banter” or say someone’s “just being passionate.” But here are a few real-life scenarios that help illustrate it:
A woman is regularly interrupted in meetings, her ideas ignored until repeated by a male colleague, and she’s often referred to as “girl” by a manager despite being in her 40s. That can be a form of sexist harassment.
A new mum returns to work and starts receiving snide comments from her boss about her “divided priorities” and “not being able to stay late anymore.” That’s edging into discrimination on the grounds of family responsibilities.
Someone gets constant emails late at night with unreasonable demands, is left out of team lunches, and is spoken down to in front of clients. That may be bullying. If it’s linked to their race or another protected attribute, it could also count as harassment.
Legal Protections Available to You
Workplace Policies
Most workplaces should have policies in place around harassment and bullying. These are usually tucked away in your contract, the HR manual or the onboarding documents you probably skimmed during your first week. Now’s the time to dig those out.
Employers have a legal obligation to provide a safe workplace. That includes having processes to handle complaints of harassment and a responsibility to act if they become aware something’s going on. A company can’t just shrug and say, “Oh we didn’t know” if the signs were there and they ignored them.
National Employment Laws
In Australia, the Fair Work Act 2009 offers a fair bit of protection. Sexual harassment is now officially considered a workplace health and safety issue, thanks to some recent reforms. That means employers are required to prevent it, not just respond once it’s happened.
State-based laws like the Equal Opportunity Act (Victoria) or the Equal Opportunity Act (WA) offer more detailed protections depending on where you live. These laws say quite clearly: if someone is treating you badly at work because of your gender, age, ethnicity, disability, or other protected trait, that’s against the law.
Human Rights and Anti-Discrimination Bodies
If your employer doesn’t handle a complaint properly, or if you’re working in a place without a HR department, there are external bodies you can go to. In WA, there’s the Equal Opportunity Commission. Nationally, the Australian Human Rights Commission is there to help. These aren’t just toothless complaint centres either — they can offer mediation, investigate breaches, and even escalate things to tribunals if necessary.
And if you’re someone who likes to double check the rules, the Fair Work Ombudsman is also a solid place to start for accurate, plain-English advice.
What to Do If You’re Experiencing Harassment
Step 1 – Document Everything
As soon as you suspect something’s not right, start writing things down. Keep a private log of dates, times, what was said or done, and who was around to witness it. Even if something feels small or silly in the moment, it could help paint a bigger picture down the track.
Save emails or messages. Screenshot things if you feel it’s safe to do so. This isn’t about being sneaky. It’s about protecting yourself in case you need to show a pattern of behaviour later on.
Step 2 – Know Your Policies
Before you take any formal steps, have a squiz at your company’s policies. Look for anything about grievance procedures, workplace conduct, or anti-discrimination. These will usually tell you the proper steps to make a complaint internally.
Knowing the company’s own rules can give you a bit of leverage when you speak up. You’ll be the person saying, “According to our policy, this is what should happen next.” That’s powerful.
Step 3 – Make a Formal Complaint
If you’re comfortable and feel safe to do so, it’s usually a good idea to speak to someone first — a manager you trust or a designated HR contact. Sometimes, a quiet chat is enough to set things in motion.
But when that’s not enough, it might be time to lodge a formal complaint. Put everything in writing, clearly and calmly. Stick to facts, and be as specific as possible. It’s okay to say how it made you feel, too. Most workplaces are required to follow a set process, which could include investigations, interviews, or mediation.
It’s worth noting that while formal complaints can bring change, they can also be stressful. Make sure you’ve got support around you, whether that’s a friend, colleague, or someone outside work.
Step 4 – Seek External Help If Needed
If things don’t get resolved internally, or if the person involved is in a senior position that makes you uncomfortable reporting them, you can go to one of the external agencies mentioned earlier.
You might also consider speaking with an employment lawyer, particularly if the harassment has led to mental distress, loss of income, or you’ve felt forced to resign. Time limits apply to lodging complaints — sometimes as little as 12 months — so don’t sit on it too long thinking you’ll just wait and see.
Support Systems and Self-Care
Emotional Impact of Workplace Harassment
The mental toll of harassment is no joke. It can make you doubt yourself, dread going to work, or lose faith in your profession altogether. Some people develop anxiety, depression, or physical symptoms from the stress.
If you’re feeling worn out, that’s not a sign of weakness. It’s a sign that something unfair is happening. Acknowledge it, even if others try to play it down. Your experience is real.
Where to Find Help
Start by looking into whether your workplace has an Employee Assistance Program (EAP). These are confidential counselling services often provided free through work. If not, community legal centres and women’s advocacy groups can be a good place to get both legal and emotional support.
In Perth and regional WA, organisations like Circle Green Community Legal and the Women’s Legal Centre WA are great starting points. Victoria has similar groups like JobWatch and the Victorian Equal Opportunity & Human Rights Commission.
Even just talking to one other person who believes you can make a world of difference.
How Employers Can Do Better
Proactive Prevention
It shouldn’t take a formal complaint to get action. Employers should be doing more upfront to prevent harassment in the first place. That includes proper training (and not the boring kind where no one pays attention), clear policies, and a culture that says, “We take this seriously.”
Senior leaders need to actually model respectful behaviour, not excuse poor conduct because someone’s “a high performer” or “has a lot on their plate.” That sort of attitude trickles down fast.
Listening to Women’s Voices
When women speak up about harassment, the worst thing that can happen is being ignored or punished. Employers should be encouraging open conversations, anonymous feedback channels, and involving female staff in shaping workplace policy.
Allyship also matters here. Men in leadership roles have a big part to play by supporting colleagues who call out bad behaviour and by not looking the other way when things get uncomfortable.
A Final Word
If you’ve been dealing with harassment at work, know this: you’re not imagining it, and you don’t have to put up with it. The law isn’t perfect, but it is there to support you. You don’t need to be a legal expert to take that first step.
Whether you quietly log what’s happening, chat to HR, or reach out to someone like the team at Podmore Legal, doing something about it is a form of reclaiming your space. You deserve to feel safe, respected and valued at work. And with the right support, you can get there.