Click here for PDF of this article

Use of “Babe” and “Honey” in the workplace can be Sexual Harassment

In a recent decision of the New South Wales Anti-Discrimination Tribunal (“ADT”), the general manager of Richmond Golf Club was found to have engaged in sexual harassment after addressing his female colleague as “babe” and “honey”.  The complainant was an office administrator for the Richmond Golf Club and she alleged that shortly after her commencement with her employer, the general manager made unwanted sexual advances towards her by kissing her on the face and using words such as “babe” and “honey” to address her.

In determining whether using these words constitute “conduct of a sexual nature”, the ADT emphasized that “context is everything”.  In this particular context, the ADT found that the conduct was of a sexual nature and led to sexual harassment under the Anti-Discrimination Act 1977 (NSW).

The general manager argued that he commonly used this language with other women who did not find its use offensive.  The ADT however, emphasized that the test was not whether women as a whole would find the conduct offensive but whether a reasonable person, having regard to all the circumstances, would have anticipated that the complainant would have been offended by the use of the language.  The ADT was satisfied that this was the case.

In light of the above decision, employers must remain vigilant in setting, monitoring and enforcing standards of acceptable behaviour in the workplace.  The test established by the ADT is in our opinion, a low threshold test.  While the use of particular language between colleagues at work may be considered relatively harmless, the context of its use and the manner in which it is received may render its use “conduct of a sexual nature”.

If you have an employment law query, please do not hesitate to contact us for more information.