Sexual Harassment

Within the workplace context, the Employment Equality Act 1998-2015 defines harassment and as “unwanted conduct” which may take the form of:

• Spoken words

• Gestures or the production and display of written words

• Pictures and other material

• Offensive gestures or facial expressions

• Unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material in relation to any of the above characteristics.

Harassment is further defined as that which, “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person”.

Sexual harassment is defined as “unwanted verbal, non-verbal or physical conduct of a sexual nature”.

Bullying or harassment may be instigated by any member of staff, a customer, or business-related contact of any type (e.g. suppliers and third-parties).

There are a number of statutory provisions and codes that provide protection and guidance for employees from bullying, harassment and sexual harassment in the workplace.

The Employment Equality Act 1998-2015 (the Act) specifically places a duty on employers to prevent harassment.  The Act states employers have an obligation to pay compensation to employees if they have been harassed at work in relation to any of the following protected characteristics:

• Age

• Civil status

• Disability

• Family status

• Gender

• Membership of the Traveller community

• Race

• Religious belief

• Sexual orientation

Employees who have been harassed due to any of these characteristics may be eligible to make a claim to the Workplace Relations Commission.

The Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 provides guidance for employers on the elimination of discrimination and the promotion of equality of opportunity.  It also makes clear the impact of sexual harassment, stating:

 “Sexual harassment and harassment on the eight other non-gender discriminatory grounds pollute the working environment and can have a devastating effect on the health, confidence, morale and performance of those affected by it. The anxiety and stress produced by sexual harassment and harassment may lead to those subjected to it taking time off work due to sickness and stress, being less efficient at work or leaving their job to seek work elsewhere. Employees often suffer the adverse consequences of the harassment itself and, in addition, the short and long term damage to their employment prospects if they are forced to forego promotion or to change jobs. Sexual harassment and harassment may also have a damaging impact on employees not themselves the object of unwanted behaviour but who are witness to it or have a knowledge of the unwanted behaviour”.

The Code of Practice essentially ‘sets the bar’ for what employers should be doing in relation to the elimination of harassment within the workplace.  As such, there is no excuse for any form of bullying, harassment, or sexual harassment.