sex discrimination in employment: harassment
DESCRIPTION
These slides compliment the webinar "Sex Discrimination - Harassment" presented by Barrister Helen Gardiner from St Philips Chambers. They cover: Harassment related to sex (sex harassment) Sexual harassment Less favourable treatment because the employee rejects or submits to harassment Who is liable? If you would like to view the full webinar recording, please email [email protected] and we will happily email the recording, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdhTRANSCRIPT
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Title
Sex Discrimination
Harassment
St Philips Chambers 2014
Click to edit Helen Gardiner
Phone: 0113 244 6691
Connect on LinkedIn
St Philips Website
Contents
Harassment related to sex (sex harassment)
Sexual harassment
Less favourable treatment because the employee
rejects or submits to harassment
Who is liable?
This occurs where:
(i) A engages in unwanted conduct related to sex; and
(ii) the conduct has the purpose or effect of either
violating B’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive
environment for B.
Harassment related to sex
Unwanted conduct
Harassment related to sex
No need to make it clear A’s conduct is unwanted.
Single incident enough.
Doesn’t matter that employee has ‘put up’ with
conduct for a prolonged period.
Conduct related to sex
Harassment related to sex
By reason of sex, regardless of form.
Regardless of the reason for it, is otherwise
related to sex because of the form it takes.
Purpose or effect
Harassment related to sex
Conduct + Intention = harassment
If no intention, look at the effect.
No harassment if hypersensitive.
Sexual harassment
Occurs where:
i) A engages in unwanted conduct of a sexual
nature; and
ii) The conduct has the purpose or effect of either
violating B’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive
environment for B.
Sexual harassment
Take into account:
B’s perception
Other circumstances of the case
Whether it is reasonable for the conduct to have
that effect
Take into account:
B’s perception
Other circumstances of the case
Whether it is reasonable for the conduct to have
that effect
Less favourable treatment
Also harassment where A engages in unwanted
conduct, B rejects or submits to said conduct, and
because of rejection or submission, A treats B
less favourably than A would treat B if B had not
rejected or submitted to the conduct.
Who is liable?
Primary liability:
Employers
Others e.g. training providers, trade organisations
Individual responsible for the discrimination or
harassment
Who is liable?
Employer may be vicariously liable for unlawful
actions of employees or agents.
Defence to show that employer took such steps
as were reasonably practicable to prevent the
discriminatory act.
Summary and conclusions
Defence very difficult to show. Employers usually
found liable.
Complex and wide ranging area. Feel free to
make contact to discuss any concerns.
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