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Sexual Harassment in the Workplace

Harassment

21 Nov 2023 (Last updated 1 May 2025)

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According to Statistics New Zealand ,14% of women and 9% of men say they have experienced some form of harassment at work. Sexual harassment has been a difficult issue to raise, particularly due to its traumatic nature. People who have suffered workplace sexual harassment will choose to leave their employment rather than raise the issue. However, workplace sexual harassment is not an issue limited to work. What happens in workplaces eventually is a reflection of what happens in wider society and systems.

Employers have an obligation to provide a healthy and safe workplace for all employees and workers.

Lack of data

The biggest hurdle for researchers and policymakers in creating effective systems is lack of data. Data on workplace sexual harassment in New Zealand is patchy and incomplete. It also does not provide us the full picture. We can look at number of complaints but that does not tell us how many people suffered from workplace sexual harassment but did not complain. Many people are afraid to approach formal channels because of the complaint process being complicated and leading to victim-blaming or reputational damage.

There is also a lack of clarity on what constitutes as workplace sexual harassment. The Human Rights Commission found that after the global #MeToo movement, the number of complaints it received about sexual harassment increased dramatically. Cultural and social awareness of sexual harassment can mean that behaviour that goes unreported or not raised will be more likely to be reported.

Workplace sexual harassment

Workplace sexual harassment can manifest in many forms. The person doing the harassment could be a manager, co-worker, a volunteer or even a client, contractor, or supplier. This happens when a person:

  • either subtly or obviously asks the worker for sex, sexual contact or other sexual activity, with a:
  • promise, of better treatment in their employment, or

  • threat of either worse treatment or about current or future job security.

  • Subjects, either directly or indirectly, the worker to sexual innuendo behaviours that they don’t want or find offensive.

These types of behaviour can be in the form of:

  • written or spoken language
  • visual material such as pictures, diagrams, photos, and videos

Gender and sexual harassment

Research has shown harassment affects women and men in New Zealand and cuts across all socio-economic groups. However, several groups are disproportionately affected, e.g Māori, Pacific Peoples, and Asian workers, as well as disabled workers, and bisexual workers. Nearly 38% of women have experienced sexual harassment in the last 5 years.

Women in ethnic minorities are also more likely to report experiencing harassment at work. High prevalence rates are reported for Pacific women (14.4%), Asian women (15.5%) and Middle Eastern, Latin American, and African women (24.2%). Māori report a higher incidence of harassment than Europeans.

Examples

Some behaviours maybe considered sexual harassment in the workplace, due to the serious nature or repetition of the behaviour, that behaviour is unwelcome or offensive, and that has a harmful effect on you and your job:

  • Sharing sexually inappropriate images or videos, such as pornography with co-workers.
  • Sending suggestive letters, notes, or emails.
  • Displaying inappropriate sexual images, posters, or calendars in the workplace.
  • Telling vulgar jokes or sexual anecdotes.
  • Making inappropriate hand or body sexual gestures.
  • Staring in a sexually suggestive or offensive manner, or whistling.
  • Making sexual comments about appearance, clothing, or body parts.
  • Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against another person.
  • Asking sexual questions, such as queries about someone’s sexual history or their sexual orientation.
  • Making offensive comments about someone’s sexual orientation or gender identity.
  • Unwanted comments or teasing about a person’s sexual activities.
  • Persistent and unwwelcome social invitations, or telephone calls or emails from workmates at work or at home.

Any actions or words with a sexual connotation that interfere with or affect a worker’s ability to work can be considered sexual harassment. If it creates an uncomfortable atmosphere at work, it’s likely to be considered sexual harassment.

Sexual harassment across industries

While sexual harassment occurs in all industries, it is common in the healthcare and social assistance sector with 41% of workers having experienced at least one sexual harassment behaviour in the last 5 years. Young hospitality employees are also especially likely to be subject to sexual harassment.

Other industries with high rates of harassment were:

  • public administration
  • education and training
  • retail trade, accommodation, and food services
  • rental, hiring and real estate
  • transport, postal and warehousing

Community and personal service workers experienced higher rates of harassment at work though professionals and managers were also affected. The 2018 survey of lawyers by the New Zealand Law Society shows that 31% of female lawyers and 5% of male lawyers have been sexually harassed during their working life. The data suggests that some sectors have higher rates of harassment. There have also been reports  of widespread sexual harassment among New Zealand University halls of residence.

Whether it is a cultural or systemic issue, one thing is clear that there are opportunities for targeted interventions to increase awareness of what sexual harassment is and how to prevent it in those sectors.

Small business and sexual harassment

Small businesses face 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.

Cost of workplace sexual harassment

Workplace sexual harassment imposes a range of costs on individuals, victims, perpetrators, bystanders, employers, the government, and the society. These costs are financial, emotional, mental, and physical. Once again, lack of data acts as a big hurdle around the extent of the costs of workplace sexual harassment.

Each case of workplace sexual harassment is different. Some of the costs of workplace sexual harassment include:

A study has found an average damage of US$22,500 per employee in lost productivity and employee turnover due to sexual harassment. The study further found that companies with the highest incidences of sexual harassment underperform the US stock market by approximately 19.9% the subsequent year. The damage is also not isolated to the firm’s stock market performance. It affects profitability strongly too. In addition, labour costs rise on average by 7% for these firms over that same period.

Handling reports of sexual harassment

  • Take all reports of sexual harassment seriously
  • Offer a safe space for the complainant to come forward and talk to you or the person in charge
  • Carefully and clearly listen to them
  • Consider response options for the specific circumstance
  • Set timelines and deal with reports as soon as you can after you receive them
  • Tell everyone involved what the process is
  • Protect all the people involved (including both sides of the complaint, support people and witnesses) from victimisation (being punished, bullied, and intimidated)
  • Anyone involved can have a support person present at interviews or meetings (in-house support person, their union delegate, colleague, friend, legal representative)
  • Tell everyone involved what support and representation is available to them (if you have an employee assistance program, or other trained people who can provide ongoing care and support)
  • Maintain confidentiality of the persons involved in investigating and considering the reported behaviour
  • Treat everyone involved fairly
  • Make decisions based on facts
  • Work with someone unbiased and trained to handle reports of sexual harassment
  • Ensure all actions, communications, documents, and conversations are recorded accurately.
  • Store all relevant information securely and restrict access to necessary parties.

What can employers do?

Workplace sexual harassment is a destructive and pervasive issue. It can happen to anyone and negatively impact the workplace.

It is also tricky to handle.

Peninsula has worked with 6,000 business owners across New Zealand in matters of employment relations and health and safety. We understand the challenges business owners face in managing staff and implementing processes. You can call our 24/7 Advice linetoday.

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Sexual Harassment in the Hospitality Industry

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 that 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 reassure 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 that 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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