sex discrimination in employment: harassment

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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/1acZPdh

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Page 1: Sex Discrimination in Employment:  Harassment

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Page 2: Sex Discrimination in Employment:  Harassment

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Page 3: Sex Discrimination in Employment:  Harassment

Title

Sex Discrimination

Harassment

St Philips Chambers 2014

Page 5: Sex Discrimination in Employment:  Harassment

Contents

Harassment related to sex (sex harassment)

Sexual harassment

Less favourable treatment because the employee

rejects or submits to harassment

Who is liable?

Page 6: Sex Discrimination in Employment:  Harassment

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

Page 7: Sex Discrimination in Employment:  Harassment

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.

Page 8: Sex Discrimination in Employment:  Harassment

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.

Page 9: Sex Discrimination in Employment:  Harassment

Purpose or effect

Harassment related to sex

Conduct + Intention = harassment

If no intention, look at the effect.

No harassment if hypersensitive.

Page 10: Sex Discrimination in Employment:  Harassment

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.

Page 11: Sex Discrimination in Employment:  Harassment

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

Page 12: Sex Discrimination in Employment:  Harassment

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.

Page 13: Sex Discrimination in Employment:  Harassment

Who is liable?

Primary liability:

Employers

Others e.g. training providers, trade organisations

Individual responsible for the discrimination or

harassment

Page 14: Sex Discrimination in Employment:  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.

Page 15: Sex Discrimination in Employment:  Harassment

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.

Page 16: Sex Discrimination in Employment:  Harassment

Click to edit Questions?

?

Page 17: Sex Discrimination in Employment:  Harassment

Click to edit

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