A problem lawyers often have in relation to sexual harassment and harassment generally is defining exactly what these words mean. When does a particular action constitute sexual harassment and when does an action constitute harassment? The government recently introduced a code of practice on sexual harassment and harassment at work and this is included in the 2012 Employment Equality Act, 1998 (Code of Practice) (Harassment) Order, 2012.
Examples of harassment include:-
- Verbal harassment – jokes, comments, ridicule or song.
- Written harassment – faxes, text messages, emails or notices.
- Physical harassment – jostling, showing or any form of assault.
- Intimidatory harassment - gestures, posturing or threatening poses.
- Visual displays such as posters, emblems or badges.
- Excessive monitoring of work.
- Isolation or exclusion from social activities.
- Unreasonably changing a person’s job content or targets.
- Pressure to behave in a manner that the employee thinks is inappropriate, for example being required to dress in a manner unsuited to the person’s ethnic or religious background.
Examples of sexual harassment include:
- physical conduct, which can include unwanted physical contact such as patting, pinching, brushing against an employee’s body. It can be verbal conduct, such as unwelcome sexual advances, propositions or pressure for sexual activity. It can include continuous suggestions for social activity outside work when it has been made clear that these suggestions are unwelcome.
- It can also be non-verbal such as display of pornographic or sexually aggressive pictures, objects, written materials, emails etc. It can also include leering, whistling and making sexually suggestive gestures.
Employers and employees should check their contracts of employment to ensure these matters are properly and comprehensively set out.
Kevin Brophy,
Brophy Solcitors
