Highlights
- 1 in 3 workers in Australia experienced workplace sexual harassment in the past five years.
- The Positive Duty now makes employers legally responsible for proactive prevention.
- Landmark cases such as Taylor v August & Pemberton and Magar v Khan are setting record damages.
- High-risk industries include media, mining, hospitality, retail, and construction, with systemic cases under investigation.
- Only 18% of victims report, with many fearing victimisation or career harm.
- The economic cost of harassment is estimated at $3.8 billion annually, excluding hidden legal and reputational losses.
Introduction
Workplace sexual harassment (WSH) remains a pressing issue in Australia despite major legislative reforms and increased public scrutiny. The introduction of the Positive Duty under the Respect at Work Amendment Act 2022 was intended to transform workplace culture. Yet recent data shows that harassment remains pervasive and under-reported.
This article consolidates national survey findings, complaint volumes, and case law to provide an authoritative view of the state of workplace sexual discrimination in 2025. It also explains what these developments mean for employers and how proactive compliance is now essential.
Executive Summary
The numbers tell a confronting story.
- One in three workers (33%) experienced WSH in the five years to 2022.
- 19% reported harassment in 2021–22 alone.
- The AHRC received a record 6,849 complaints in 2022–23, most concerning employment.
- The cost to the economy was estimated at $3.8 billion annually (2018 baseline).
Although reforms have shifted responsibility to employers, harassment continues at scale. This means organisations must move beyond paper compliance to demonstrable prevention if they wish to avoid litigation and reputational harm.
Prevalence of Workplace Sexual Harassment
The data confirms that harassment remains entrenched across Australian workplaces, cutting across industries, genders, and age groups.
National Incidence Rates
Despite more than a decade of policy reform, prevalence remains stubbornly high.
- 33% of Australians in the workforce reported harassment in the five years to 2022.
- 19% experienced harassment in 2021–22 alone.
- Prevalence rose from 21% in 2012 to 33% in 2018 and has held steady since.
These figures suggest that awareness campaigns have improved recognition of misconduct, but cultural transformation has not kept pace. Notably, only 49% recognised harassment under the legal definition, compared to 77% when given behavioural descriptions, showing a continuing gap in understanding.
The Gender Divide
The burden of harassment is not shared equally.
- 41% of women, 26% of men, and 67% of non-binary workers reported harassment.
- Rates were disproportionately higher among Aboriginal and Torres Strait Islander workers (56%) and workers with disability (48%).
- Among women, 91% identified men as the harassers.
This points to harassment being driven by entrenched power imbalances and broader patterns of inequality in the workplace.
Male Experiences
Men also face significant harassment.
- 26% of men experienced harassment in the last five years, amounting to 426,800 cases in 2021–22.
- Of these, 55% were targeted by men and 44% by women.
- Men were slightly more likely than women to experience harassment by multiple perpetrators (average 1.8 vs 1.5).
This confirms that WSH is not confined to women’s experiences; it is a workplace-wide problem requiring inclusive prevention strategies.
New Laws and Enforcement
Australia’s legal framework has undergone major transformation since 2021, with reforms designed to place accountability squarely on employers.
The Positive Duty
The Respect at Work Amendment Act 2022 amendments to the Sex Discrimination Act 1984 (Cth) introduced a Positive Duty requiring employers to take “reasonable and proportionate” steps to eliminate harassment and hostile work environments. From December 2023, the AHRC gained powers to monitor and enforce compliance.
This reform represents a systemic shift away from reactive complaints handling to a proactive compliance model. Employers must now demonstrate preventative measures such as training, data collection, and regular risk assessments. Failure to do so risks not just legal liability, but also reputational damage and regulatory scrutiny.
Expanding Avenues for Redress
The Respect at Work Amendment Act 2022 amendments to the Fair Work Act 2009 (Cth) provide workers with greater access to remedies in the workplace.
- Since September 2021, the Fair Work Commission (FWC) can issue Stop Sexual Harassment Orders (SSHO).
- Since September 2021, a person discriminated against can seek compensation and other orders under the Fair Work Act 2009 (Cth) following application to the Fair Work Commission (and issue of a certificate).
- The Fair Work Act 2009 (Cth) clarifies that harassment can amount to serious misconduct and a valid reason for dismissal.
- The Workplace Gender Equality Agency (WGEA) now requires employers to report on prevention and response mechanisms.
While 99% of employers report having policies, only 55% of boards engage meaningfully with those policies. This gap highlights that compliance often remains surface-level.
The Cost to Business
The financial cost of WSH is substantial, extending well beyond direct damages awards.
Economic Impact
The AHRC has estimated the annual cost at $3.8 billion.
- Lost productivity alone accounted for $2.6 billion annually (2018).
- Broader estimates suggest workplace bullying, violence, and harassment may cost $10–$60 billion per year when inflation and under-reporting are considered.
These costs often exclude hidden factors such as internal investigations, legal settlements, reputational harm, and the career impacts on victims.
Escalating Damages and Landmark Cases
Courts are also signalling tougher stances through damages awards.
- In Taylor v August & Pemberton Pty Ltd (2023), the applicant was awarded over $250,000, including $140,000 in general damages, $40,000 for victimisation, and $15,000 for aggravated damages.
- In Magar v Khan (2025) FCA 874 the applicant was awarded $305,000, including $170,000 in general damages and $5,000 for aggravated damages.
The decision confirmed that even non-sexual conduct (e.g., persistent gift-giving or unwelcome romantic advances) can constitute harassment and highlighted the role of aggravated damages in penalising employers who fail to act responsibly.
The Generation Divide and Reporting Crisis
Young workers are among the most vulnerable, yet most reluctant to report.
Younger Workers Report Higher Rates
Harassment is particularly prevalent among younger demographics.
- 47% of workers aged 15–17 and 46% of those aged 18–29 reported harassment.
- Among women aged 18–29, rates rose to 56%.
- Younger men (35%) were more likely to be harassed than women aged 50–64 (27%).
This confirms that harassment disproportionately affects workers at formative stages of their careers, amplifying long-term impacts.
The Reporting Silence
Reporting remains alarmingly low.
- Only 18% of victims lodged a formal complaint.
- 40% of reporters said nothing changed in their workplace.
- 24% reported no consequences for the perpetrator.
Common reasons for silence included believing the incident was not serious enough (42%), feeling silence was the easier option (38%), believing nothing would be done (28%), or fearing negative career impacts (14%). In some cases, reporting itself led to ostracism or resignation.
These findings show that the reporting system remains fraught, with risks of victimisation deterring many workers from seeking redress.
Industry Hotspots
Certain industries face higher incidence rates and systemic risks.
High-Incidence Sectors
Incidence is above the national average (33%) in several sectors.
- Information, Media and Telecommunications: 64%
- Arts and Recreation: 44%
- Utilities and Waste: 40%
- Retail: 40%
Nearly half of all reported incidents occurred in Retail, Healthcare, Education, and Hospitality. Larger organisations (200+ employees) were also more likely to see incidents, reflecting increased exposure and reporting channels.
Male-Dominated Sectors and Systemic Harassment
Mining and Construction remain areas of heightened concern.
- Women in Mining: 62% reported harassment, compared to 25% of men.
- Women in Construction: 29%, compared to 8% of men.
- Class actions against BHP and Rio Tinto (2024–25) highlight systemic allegations, with BHP alone reporting 417 complaints and over 100 dismissals in one year.
These cases underscore that systemic harassment can expose employers to class actions and commission inquiries, not just individual claims.
Legal Response to Workplace Sexual Harassment
Recent cases highlight how courts are broadening the interpretation of harassment and discrimination.
Victimisation
The Taylor v August & Pemberton case awarded $40,000 for victimisation after threats of retaliation were made against the complainant. Victimisation is increasingly central to claims and remains a key reason workers do not report. The conduct of the perpetrator up and including the proceedings (conduct improper, unjustifiable or lacking in bona fides) is to be considered in making the award of aggravated damages.
Redefining Sex and Gender Identity
In Tickle v Giggle (2024), the Federal Court confirmed that the “sex of a person” under the Sex Discrimination Act 1984 (Cth) extends beyond biology to include gender identity and social recognition.
This precedent reinforces the importance of inclusive workplace policies and highlights that almost all non-binary people (99%) report harassment at some point in their lives.
Conclusion
Despite progress, 37% of workers still believe their employer is not doing enough, and only 38% have attended training. Leadership perceptions are mixed: while 71% of workers view executive commitment positively, fewer than half believe their direct managers show leadership on prevention.
Recommendations for Employers
The implications for employers are clear. Employers must identify and eliminate or manage risks in the workplace.
- Move beyond policy statements to embedded cultural change.
- Maintain detailed records to defend against potential claims.
- Provide targeted training for leaders and managers.
- Respond rapidly to FWC SSHO applications.
- Engage boards in active oversight of harassment prevention.
Organisations that treat compliance as a tick-box exercise will remain exposed to litigation, regulatory action, and reputational damage. Those that demonstrate genuine preventative action will not only meet their legal obligations but also secure safer, more productive workplaces.
Senior employment lawyer Lyndon Burke of Burke Mangan Lawyers has 25+ years of practice experience in workplace law. He regularly represents both employers and employees in workplace sexual harassment cases, resolves complex disputes, and secures the best possible outcomes. Book a free first consultation with him today.
Methodology
This article draws on data from the Australian Human Rights Commission, the Workplace Gender Equality Agency, the Fair Work Commission, and Federal Court case law. Figures are derived from the 2022 AHRC national survey, the 2022–23 AHRC annual report, and 2023–24 WGEA employer data.
Sources
- ABC News | New ABS data reveals scope of sexual harassment and violence across Australia. Read.
- ABS | Gender indicators. Read.
- ABS | Sexual harassment. Read.
- AHRC | Annual Report 2022-23. Read.
- AHRC | Fact Sheet: Respect@Work – Changes to the Sex Discrimination Act 1984 and the Australian Human Rights Commission Act (December 2022). Read.
- AHRC | Time for respect: Fifth national survey on sexual harassment in Australian workplaces. Read.
- Fair Work Ombudsman | Respect at Work. Read.
- The Guardian | Border force apologises for failing to prevent ‘misconduct’ after reports found bullying and harassment. Read.
- Macpherson Kelley | Highest general damages penalty ever awarded in sexual harassment case. Read.
- com.au | ‘Thousands of women’ may be eligible for BHP, Rio Tinto sexual harassment class actions. Read.
- Oxford Academic | A New Approach to Australia’s Sex Discrimination and Labour Laws is Designed to Improve Equality for Women at Work. Read.
- Positive Duty | Record Damages Awarded to Sydney employee in sexual harassment case – Case Study. Read.
- Safe Work Australia | Workplace sexual harassment statistics – Infographic. Read.
- University of Canberra | The true (financial) costs of workplace violence in Australia. Read.
- WGEA | Gender Equality Scorecard 2023-24. Read.
- WGEA | New WGEA results highlight areas for employer action to prevent, and respond to, work-related sexual harassment. Read.
- Wikipedia | Tickle v Giggle. Read.
Disclaimer
The purpose of this article is to provide a guide and overview. It is not intended to be, and should not be considered, legal advice. It is recommended that you seek legal advice in relation to your specific circumstances to determine your rights, understand time limitations, and provide you with the appropriate steps to address your circumstances. Links to third party websites are for information purposes only and we do not guarantee their contents.
