Section 93 of the Equal Opportunity Act 2010 prohibits sexual harassment in the workplace. 2(c) making any gesture, action or comment of a sexual nature in a person’s presence.2(b) making, verbally or in writing, any remark or statement with sexual connotations to a person or about a person in their presence.2(a) subjecting a person to any act of physical intimacy.In circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated. 1(b) engages in any other unwelcome conduct of a sexual nature in relation to the other person.1(a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person or.Section 92 of the Equal Opportunity Act 2010 provides that a person sexually harasses another person: The positive duty is about being proactive in identifying problems and taking reasonable and proportionate measures to eliminate the causes of sexual harassment, as far as possible, that may be part of the systems or culture in the workplace. This positive duty requires an employer to do more than just respond to reports of sexual harassment as and when they arise. This means that positive action should be taken to prevent unlawful behaviour occurring in the workplace. Section 15 of the Equal Opportunity Act 2010 requires organisations to take reasonable and proportionate steps to eliminate sexual harassment in the workplace as far as possible. It can also constitute sex discrimination and/or a criminal offence. Sexual harassment is a specific and serious form of harassment that is unlawful and prohibited by both Victorian and Commonwealth legislation.
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