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Sexual Harassment in the Hospitality Industry

Harassment

17 Nov 2025 (Last updated 20 Nov 2025)

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As customer service in the hospitality industry often involves close, friendly, and informal, interactions between staff and patrons, sexual harassment can be a significant issue. It’s also a matter that must be taken seriously and delt with quickly.

Understanding the effects of harassment and implementing prevention strategies is critical for ensuring all employees are in a safe and respectful workplace.

Types of harassment

Sexual harassment involves unwelcome behaviour of a sexual nature that intimidates, humiliates, or offends a person. It can include unwanted physical contact, sexual comments, lewd jokes, gestures, or propositions. Harassment can come from patrons or colleagues.

Hospitality employees, especially those in front-of-house roles such as wait staff, bartenders, and hosts, can be targets of inappropriate behaviour from customers. Particularly during the festive holiday season.

Alcohol consumption, late-night shifts, and the expectation of friendly service can contribute to blurred boundaries. It can create an environment where harassment occurs and often goes unreported. When customers behave inappropriately by making suggestive comments, touching, or propositioning staff, it places employees in a vulnerable position.

They are pressured to tolerate poor behaviour, that would be unacceptable in any other work environment, simply to avoid conflict or negative reviews of the establishment. Expecting staff to overlook bad conduct can create a hostile workplace and leave lasting emotional effects on employees.

Harassment by colleagues and supervisors

Sexual harassment among staff members or from a superior is equally damaging. Power imbalances play a major role as junior employees feel they cannot report harassment for fear of retaliation or loss of employment. Sexual harassment may also involve coercion in exchange for favourable shifts.

Environments where management fail to act on complaints can create a sexualised workplace and harassment becomes normalised. Staff are expected to sometimes ‘laugh off’ sexual harassment as someone just having fun. When this behaviour is tolerated, it erodes trust in management and decreases morale as employees feel helpless to prevent harassment from happening to them or colleagues.

Employer responsibilities and management of allegations

As a business owner or manager, you have a legal and ethical duty of care to provide a workplace free from harassment. When an allegation is made, handling it promptly, sensitively, and fairly is crucial.

After receiving a complaint, you should listen carefully, take the allegation seriously, and reassure the employee their report will be treated confidentially. Your employee should be made aware of their rights, the available support, and the steps involved in the investigation process.

An impartial investigation into the complaint must follow. This involves gathering evidence, interviewing all parties and any witnesses. It’s important as a business owner or manager you maintain objectivity. You may choose to appoint an external investigator to ensure transparency in more complex cases. Once findings are presented, decisions should be based on evidence, not assumptions.

Action and resolution

If the complaint is substantiated, appropriate disciplinary action must be taken proportionate to the severity of the misconduct. This could range from verbal warnings to termination of employment. For cases involving patrons, you should intervene immediately, escorting the offender from the premises, if necessary, ban them from returning, and reassuring your employees such behaviour is not acceptable. Communication with all staff about behaviour helps reinforce your zero tolerance on harassment.

Including a clear, comprehensive policy on sexual harassment in your employee handbook is the cornerstone of prevention. It sets standards for behaviour, outlines reporting procedures, and assures employees of protection. It outlines the steps your business takes to investigate and resolve issues. It should explain the rights and responsibilities of employees, supervisors, and management, and state the consequences of breaching the policy.

Communication and training

Policies alone are ineffective without consistent training. As an employer it’s your responsibility to conduct regular training to ensure staff understand acceptable workplace conduct and how to recognise and report sexual harassment. Visual reminders, like posters and accessible policy documents, help reinforce awareness.

Creating a culture of respect starts at the top. It’s important to intervene as soon as misconduct occurs and encourage open communication. Taking a proactive approach can reduce the risk of incidents and promotes a supportive environment where employees feel valued.

Consequences of sexual harassment

Sexual harassment can have serious consequences for individuals and your business. Victims can experience anxiety, depression, humiliation, and a decline in job satisfaction. Work performance often declines and employees resign, leading to high staff turnover and recruitment challenges.

Failing to address sexual harassment can lead to legal liability, reputational damage, and financial loss.

Supporting employees who experience harassment is essential. You should make employees aware help is available through confidential counselling or an Employee Assistance Program (EAP). This can help the employee process the trauma and regain confidence.

Providing a safe space to talk openly about an incident without fear of blame or judgement is essential for healing.

Workplace adjustments

Temporary adjustments, such as schedule changes or relocation away from the alleged perpetrator, can protect the employee during and after the investigation process. You should consult with the employee before implementing changes to ensure they meet their needs.

Follow-up meetings with the employee are vital. They enable you to assess if the situation has improved and no further incidences have occurred. Continuous monitoring demonstrates your commitment to the safety and comfort of your employees.

Creating a respectful work culture

Preventing sexual harassment requires establishing a culture that emphasises respect, accountability, and equality. Every employee, regardless of their position, must understand harassment is unacceptable and will be met with swift, firm action. Encouraging bystander intervention, where witnesses feel empowered to report or challenge misconduct, further strengthens your culture.

In the hospitality industry, where interactions are central to service, maintaining a harassment-free environment is essential to both employee wellbeing and business success.

For advice on creating a sexual harassment policy or employee handbook for your hospitality business, contact the team at peninsula.

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Workplace Sexual Harassment Laws in Australia: 2023 Legislation Update

As Australia continues to evolve its legal framework to protect workers, the 2023 updates to sexual harassment laws mark a significant stride toward safer, more inclusive workplaces. This guide delves into the legislation, highlighting the advancements and implications of these legal updates.  Understanding the legal framework Sexual harassment in the workplace is governed by the Sex Discrimination Act 1984, which is designed to prevent discrimination on the basis of sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy. The 2023 updates build upon this foundational legislation, aiming to address gaps and enhance protections.  Australian law defines workplace sexual harassment according to two key elements:  1. Unwelcome conduct The conduct must be unwelcome to the recipient. This means it's unwanted, offensive, humiliating or intimidating. The perpetrator's intention behind the behaviour is irrelevant.  Examples can include:  An unwelcome sexual advance such as physical contact, touching or gestures.  Suggestive comments, jokes, or remarks.  Showing or sending sexually explicit images or materials.  Unwanted invitations or pressure for sexual favours or activity.  Other unwelcome conduct like spreading sexual rumours or creating a hostile work environment.  2. Sexual nature  Unlike other types of workplace harassment or bullying, the conduct must be of a sexual nature. This means it refers to or targets someone's sex, sexuality, or body in a sexual way.  While the conduct doesn't have to be explicitly sexual, it creates a sexualised environment or violates someone's boundaries based on their sex or sexuality.  The 2023 sexual harassment legislation updates: A closer look  The major updates to sexual harassment laws in Australia for 2023 involved various key changes:  Enhanced definitions and protections  The updates offer more comprehensive definitions of sexual harassment in the workplace, as informed by recent case law and recommendations from legal experts. This clarity helps victims understand their rights and how to seek recourse.  Extended scope of protection   Reflecting recommendations from the Respect@Work: Sexual Harassment National Inquiry Report (2020), the legislation now offers broader protections.   The Fair Work Act now prohibits sexual harassment associated with work, even if it doesn't occur directly in the workplace. 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Harassment

Sexual Harassment in the Workplace

Sexual harassment is a significant issue in Australian workplaces that affects people across all levels and industries. Two in five women and one in four men have experienced sexual harassment in the workplace in the past five years. Australia also lags behind other countries in preventing and responding to sexual harassment. Harassment in the workplace has long been brushed under or ignored due to its complicated nature and circumstances. In March 2020, the Australian Human rights commission released Respect@Work, the final report of the National Inquiry into Sexual Harassment in the Australian workplaces. The goal of the inquiry was to examine the nature, prevalence, and drivers of sexual harassment in Australian workplaces and measures to address and prevent it. What this report does, is explain clearly that sexual harassment is not a women’s issue or gender specific issue. It is a societal and cultural issue which every Australian office and business can address. Definition Most people who experience sexual harassment never report it. It is combination of fear and lack of clear understanding of what constitutes as sexual harassment. 18% of people who said they had not been sexually harassed based on the legal definition of sexual harassment went on to report sexual harassment behaviours. The limited understanding of what constitutes sexual harassment has serious ramifications for employers and staff. It further perpetuates a misunderstanding and confusion about obligations and responsibilities. Under the Sex Discrimination Act 1984, sexual harassment is: any unwelcome sexual advance unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature in relation to the person harassed In circumstances where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. The Sex Discrimination Act makes sexual harassment unlawful in certain areas of public life, including employment. It can be between employees or managers, and it can also involve customers. Employers have an obligation to protect their workers from hazards, and sexual harassment is a serious work health and safety (WHS) hazard that can cause physical or psychological harm. Workplace sexual harassment Sexual harassment can happen: at the worker’s usual workplace where a worker is working remotely, including if a person’s workplace is their home in a place where the worker is undertaking work at a different location (such as a client’s home) where the worker is engaging in a work-related activity such as conferences, training, work trips, work-related corporate events or if you host a work-related social activity like a Christmas party, or by phone, email or online (such as through social media platforms) Gender and sexual harassment Sexual harassment is a form of gendered violence. Gendered violence is any behaviour directed at any person or that affects a person because of their sex, gender or sexual orientation or because they do not adhere to socially prescribed gender roles, thus creating a risk to health and safety. For example, violence towards someone because they identify as lesbian or gay is a form of gendered violence. While sexual harassment can be experienced by anyone, there are particular groups of people who are more likely to experience it. The Australian Human Rights Commission found that while both men and women experience sexual harassment, women are more prone to experiencing it and being negatively impacted by unwelcome sexual behaviour. Factors that can increase the likelihood of a worker experiencing sexual harassment or unwelcome sexual behaviour include: workers who identify as lesbian, gay, bisexual, transgender, intersex, queer, or asexual (LGBTIQA+) Aboriginal or Torres Strait Islander workers workers under 30 years of age workers with a disability workers from culturally and linguistically diverse backgrounds migrant workers or workers holding temporary visas people in insecure working arrangements e.g., casual, part-time work, or labour Small business and sexual harassment Small businesses face particular challenges in understanding the complexity of sexual harassment. The small size of the workplace and the high degree of informality can increase the risk of sexual harassment. It also increases the potential of informal and personal interactions, physical contact, and other forms of communication which lead to unwanted advances. Small businesses lack the manpower, knowledge, and resources to handle complaints. An industry-based approach and understanding can help employers and business owners prevent sexual harassment in the office. Certain industries have cultures and environments that can lead to unwanted sexual behaviour or sexual harassment. A recent report found that 60% of hospitality staff have experienced sexual harassment. While customers were the main perpetrators, 42% of respondents said the abuse came from their managers or supervisors. 51% of women in the building and construction industry have experienced sexual harassment at work. The Australian building and construction industry has long been one with a masculine set of values and a misogynistic culture making women feel unsafe and uncomfortable at the job. Building and construction is also the most male dominated industry in Australia, with only 12% of the workforce as female. The gender imbalances increase the risk of sexual harassment. Women on construction sites are subjected to sexually explicit slurs, offensive graffiti, and the odd suggestive comment. Impact of sexual harassment in the workplace People who experience sexual harassment or unwanted sexual behaviour also fear complaining as this may cause repercussions on their reputation, their career, and their relationships. The current system for addressing workplace sexual harassment in Australia is complex and confusing for victims and employers. It is reactive, complaints-based and puts a heavy burden on individuals to make a complaint within a specific time period. Workplace sexual harassment was estimated to cost the Australian economy approximately $3.8 billion in 2018. Lost productivity ($2.6 billion) represented the largest component of the estimated economic cost of workplace sexual harassment, with the largest share of this borne by employers and business owners. Workplace sexual harassment affects productivity and health and wellbeing of employees. Other impacts include: negative impact on employment financial consequences (for the individual and the business) staff turnover negative impact on company culture reputational damage negative impact on mental health Examples of sexual harassment staring, leering or unwelcome touching suggestive comments or jokes unwanted invitations to go out on dates or requests for sex intrusive questions about a person’s private life or body unnecessary familiarity, such as deliberately brushing up against a person emailing pornography or rude jokes displaying images of a sexual nature around the workplace communicating content of a sexual nature through social media or text messages using suggestive or sexual nicknames for co-workers following, watching, or loitering nearby another person insults or taunts based on sex actual or attempted rape or sexual assault sexually explicit pictures, posters or gifts persistent unwanted invitations to go out on dates requests or pressure for sex Sexual harassment is unlawful under the Sex Discrimination Act in different areas of public life, including employment, service delivery, accommodation and education. Some types of sexual harassment may also be criminal offences. Sexual harassment can also happen where a work environment is hostile or sexually charged, even if the conduct is not directed at a particular employee. Workplace policy A sexual harassment policy can act as a key intervention and prevention tool for handling workplace sexual harassment. This policy makes it clear that sexual comments, sexual jokes, sexual violence or sexual harassment will not be tolerated in any form. Some employers prefer to have a broad harassment policy that covers the different types of harassment (harassment on the grounds of race, age, sex) while others have a standalone policy. A workplace policy dealing with sexual harassment may include: a clear statement that sexual harassment will not be tolerated wherever and whenever it takes place, including from third parties such as clients or customers set workplace standards about behaviours, attitudes and language that disrespects or excludes people based on gender, gender identity, sexual orientation or assumptions about dominant gender stereotypes and socially prescribed gender roles define sexual harassment and recognise that sexual harassment is unlawful examples of types of behaviours that are and are not allowed address the appropriate use of social media and technology the control measures to prevent sexual harassment relevant to your workplace the consequences of breaching the policy what a worker should do if they experience or witness sexual harassment how workers can report sexual harassment the processes in place to deal with a concern, including hiring external or independent investigators support services available for all people Sexual harassment policies should be developed in consultation with your employees, their representatives, human resources, and experts. All staff must be made aware of the policies and behaviour standards expected of them. Human resources can also include this policy in the employee handbook. How to handle a sexual harassment claim in your business As we’ve mentioned, sexual harassment is more than direct sexual advances, it can also mean the creation of a workplace environment that feels imbued with a sexual nature that could offend or make someone feel uncomfortable or intimidated. This could be anything from displays of sexual images or include general sexual banter, crude conversation, innuendo, and offensive jokes about sex life, a person’s private life or sexual acts. As a business owner, you might be thinking that you can’t dictate your employees’ banter or jokes or ask your customers to act differently. What you can do, is be a business that has strict policies that ensure its employees all feel comfortable, policies and procedures that support a safe healthy workplace with happy employees. A sexual harassment claim is when an employee tells someone that they have experienced sexual harassment in the office and asks for protection from this hazard. An employee should feel they can report the harassment without recrimination. An employer should handle it quickly and with confidentiality to all sides. An employer can be held legally responsible for acts of sexual harassment committed by your employees. This is called ‘vicarious liability’. The Sex Discrimination Act 1984 makes employers liable, unless employers have taken all steps that are reasonable to try to prevent sexual harassment from taking place. There are two actions that employers must implement: The business has a sexual harassment policy and that they have actioned it as best they can.  That the business has appropriate complaints procedures and will action these to put things right once it is notified of sexual harassment in the workplace.  Any allegations raised by an employee regarding sexual harassment, (regardless of whether the alleged harassment occurred in the workplace), are serious and should be investigated confidentially and promptly. What should employers do? It can get tricky to manage your work health and safety duties as an employer. You have to be across several laws and regulations. A challenging issue like sexual harassment is further complicated by the processes and procedures involved. Peninsula has worked with thousands of businesses across Australia and New Zealand. We have supported business owners in understanding processes, implementing policies, documentation, and support in employment relations. Call our contact Peninsula today to get all your questions answered.

Harassment

Violence and Harassment in the Workplace

A report by the International Labour Organisation (ILO) has found that more than one in five people in employment experienced at least one form of violence and harassment at work. More than three out of five victims said they had experienced violence and harassment at work multiple times. The ILO report is a scathing attack on the reality of global workplaces. It investigates the nuanced layers of violence and harassment (physical, psychological, and sexual). What can you do to tackle this pervasive problem? Introduction Violence and harassment in the workplace is a growing phenomenon. It has profound impacts on the physical and mental health of employees. It creates situations where employees can feel threatened, bullied, attacked, or assaulted at work. As an employer, you have a duty of care toward your employees. During the pandemic, there was an increased risk of violence and harassment in workplaces, and exposure to violence was heightened in certain industries. Overview Like other systemic issues, there is a significant lack of data on violence and harassment in the workplace. Further, it is tricky to apply the data because different definitions and notions of these issues exist. Efforts are being made by organisations to create global standards and collect data across countries. According to a global study conducted by ILO, 743 million people in employment experienced violence and harassment in the workplace in 2021. Globally, women were slightly more likely than men to have experienced violence and harassment in the workplace. Data also shows that high-income countries registered the highest prevalence and low and lower-middle-income countries had the lowest prevalence. A culture of silence Despite employees saying they have experienced violence and harassment at work multiple times, 55% say it’s a waste of time to share their experience or report it. Employers are unwitting accomplices to this culture of silence and shame. The culture is created by the lack of support systems for employees. Why do employees suffer in silence? They think it’s a waste of time to report their experience They have trouble understanding the unclear policies around harassment and violence They fear the repercussions to their reputation They fear they may damage their career prospects They genuinely don’t know how to report it They don’t understand what constitutes violence or harassment Layers of violence and harassment The issue is complicated by the layers of violence and harassment such as psychological and physical aspects. Psychological violence and harassment can include insults, threats, bullying, or intimidation. Globally, 583 million people in employment have experienced psychological violence and harassment at work. These layers make it difficult to talk about this complex topic. The normalization of certain styles of humour, cultural differences, and perception differences can prevent people from understanding this issue. Elements of violence and harassment We have resources outlining the specifics of what constitutes violence and harassment in Australian workplaces. Below we discuss broad elements that employers need to watch out for: physical, psychological or sexual verbal, written, or online (through informational and communication technologies such as electronic means or social media) one-off or repeated incidents conduct ranging from minor cases of disrespect to serious acts of physical, psychological, or sexual assault, which may constitute a criminal offence conduct occurring among colleagues, between superiors and subordinates or by/against parties, such as clients, customers, patients, or the public. physical, psychological or sexual verbal, written, or online (through informational and communication technologies such as electronic means or social media) one-off or repeated incidents conduct ranging from minor cases of disrespect to serious acts of physical, psychological, or sexual assault, which may constitute a criminal offence conduct occurring among colleagues, between superiors and subordinates or by/against parties, such as clients, customers, patients, or the public. Domestic violence Domestic violence is a personal issue, but it can negatively impact the safety and health of your employees and the workforce. Your employee may be stressed, anxious, and scared and need support from external sources. Domestic violence is a wider societal and economic issue that impacts the workplace. The Australian government has also realised the need to offer support to employees suffering from domestic violence. Australian employees will have access to 10 days of paid family and domestic violence leave , building on the five days of unpaid leave already included in the National Employment Standards. Respect@Work The Respect@Work Bill aims to change how business owners respond to sexual harassment and abuse in the workplace. Businesses must create safe, equitable workplaces free of sexual harassment and abuse, replacing the existing ‘reactive’ models, which required individuals to file a complaint before any change took place. The legislation prohibits any conduct creating a hostile workplace on the basis of sex, meaning business leaders must actively stamp out bias and victimisation on the job. What is not considered violence and harassment at work? It can be tricky to understand what exactly constitutes harassment. Day-to-day management decisions, legitimate comments, and advice involving work assignments, feedback from managers and supervisors, or work-related conduct or disciplinary action are not considered harassment. Managerial actions must be carried out objectively and in a manner that is reasonable and not abusive. Examples of reasonable managerial actions: Allocating and scheduling workloads Changing work assignments and job duties Setting performance goals and standards Ensuring deadlines are met Deciding not to promote an employee after following a fair and documented process Informing a worker about inappropriate behaviour Performance management Any other reasonable and lawful exercise of a management function Grow with Peninsula Peninsula has worked with thousands of business owners across Australia and New Zealand. We understand it can be complicated to manage employees and keep up with changing regulations. Contact Peninsula today to get all your questions answered.

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