Sexual Harassment

Sexual Harassment or Other Harassment on Specified Discriminatory Grounds
The Employment Equality Act (1998) explicitly provides that sexual harassment and other harassment on legally defined discriminatory grounds is unlawful and constitutes discrimination, contrary to the Employment Act 1998.

Employers may also be liable under the 1998 legislation, in respect of harassment occurring in the course of employment, whether or not it occurs with the employers knowledge or approval. However, the legislation also provides that it shall be a defence for an employer to show that reasonably practicable steps were taken to prevent the harassment.

It is important to distinguish harassment, including sexual harassment, from normal social interaction at work involving mutually acceptable behaviour.

Sexual Harassment
It is unlawful to treat a person less favourably than another person on grounds of sex in matters relating to employment, whether in the workplace or otherwise in the course of employment. Sexual harassment creates an unpleasant and intimidating work environment, threatens job security and undermines equality in the workplace. It is a form of discrimination and every effort should be made to eliminate it.

The Employment Equality Act (1998) defines sexual harassment as any unwelcome act, request or conduct, which could reasonably be regarded as sexually or otherwise on the grounds of gender, to be offensive, humiliating or intimidating to the employee in question, such as:

• any act of physical intimacy; or
• any request for sexual favours; or
• any other conduct such as spoken words, gestures or the production, display or circulation of written words, pictures or other materials.

Discrimination may also arise if a person is treated differently in the course of his/her employment, by virtue of his/her acceptance or rejection of the sexual harassment.

In September 1994 the Department of Justice, Equality and Law Reform published a Code of Practice on measures to protect the dignity of women and men at work. The Code of Practice was issued in accordance with the European Commission's Code of Practice, which defined sexual harassment as "unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work".

Other Harassment on Specified Discriminatory Grounds
The Employment Equality Act (1998) states that other harassment whether in the workplace or otherwise in the course of employment may constitute discrimination contrary to the legislation in circumstances where:

• the harassment arises from an employee's marital status, family status, sexual orientation, religious beliefs, age, disability, race or membership of the traveller community; and
• the harassment is unwelcome and could reasonably be regarded as offensive, humiliating or intimidating to the employee concerned.

Any member who considers that s/he is being discriminated against should  contact his/her CEC District Representative or INTO Head Office with a view to referring a complaint to the Director of Equality Investigations or Labour Court, as the case may be.