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Derogatory comments made about other women in front of an employee did not constitute harassment on the ground of sex, the Federal Court has ruled, in the first analysis of these provisions.

Section 28AA of the Commonwealth Sex Discrimination Act was introduced as part of the Respect@Work amendments, and has been in effect since December 2022.

But in a Federal Court ruling handed down this month, Justice Robert Bromwich said the "breadth of conduct" covered by this provision, particularly the meaning of "in relation to", had "yet to be the subject of any prior detailed judicial consideration" that he was aware of.

The case involved a Mad Mex restaurant, owned by franchisee Mexicali Enterprises. An employee claimed that between September 2021 and early 2023, a director, along with three male employees, harassed her on the ground of sex...