Section 28M — Sex Discrimination Act 1984: Hostile workplace environments

(1) It is unlawful for a person to subject another person to a workplace environment that is hostile on the ground of sex. (2) A person (the first person) subjects another person (the second person) to a workplace environment that is hostile on the ground of sex if: (a) the first person engages in conduct in a workplace where the first person or the second person, or both, work; and (b) the second person is in the workplace at the same time as or after the conduct occurs; and (c) a reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the second person by reason of: (i) the sex of the person; or (ii) a characteristic that appertains generally to persons of the sex of the person; or (iii) a characteristic that is generally imputed to persons of the sex of the person. Note: See also section 8A in relation to workplace environments that are offensive, intimidating or humiliating for 2 or more reasons. (3) For the purposes of subsection (2), the circumstances to be taken into account include, but are not limited to, the following: (a) the seriousness of the conduct; (b) whether the conduct was continuous or repetitive; (c) the role, influence or authority of the person engaging in the conduct; (d) any other relevant circumstance. (4) In this section: conduct includes making a statement, whether the statement is made orally or in writing.