Utech, Faculty of Law Discrimination Law: Sexual Harassment

Utech, Faculty of Law
Discrimination Law
Lecture3
Sexual Harassment
Definition
European Commission Recommendation on
the Protection of Dignity of Men and Women
at Work
conduct of a sexual nature, or other conduct
based on sex affecting the dignity of women and
men at workis unacceptable if:
(a) such conduct is unwanted, unreasonable and
offensive to the recipient;
(b) is usedas a basis for *employment+ decision;
and/or
(c) such conduct creates an intimidating, hostile or
humiliating work environment for the recipient.
EC Code of Practice
Sexual harassment is:
unwanted conduct of a sexual nature, or other
conduct based on sex affecting the dignity of
women and men at work. This can include
unwelcome physical, verbal or non-verbal
conducts.
UK Cases Legal Definition of
Harassment
Strathclyde Regional Council v Porcelli [1986]
IRLR 134, Court of Session
Harassment doesnt have to have a sexual
outcome as long as motivated by the sex of the
victim.
DeSouza v Automobile Association [1986] IRLR
103
An overheard insult would not amount to
harassment. There must be some evidence that a
reasonable worker would feel disadvantaged.

Causes of Harassment
Stockdale J Sexual harassment at work in
Firth-Cozens J and West, M (eds) Women at
Work: Psychological and Organisational
Perspectives, 1991, Buckingham: Open
University, pp. 56 59
Attraction, Power, or Gender stereotyping?
Sexual harassment reinforces the status quo to
reinforce the unequal power balance.
Women are trained not to complain.
Women in non-traditional jobs report more
harassment.

Causes of Harassment
Adkins, L Gendered work: Sexuality, Family
and the labour Market, 1995, Buckingham:
Open University, pp. 58 -66
The power relations of sexuality and capitalism
interlock in the context of the labour market to
specify womens positions.
Hearn, J and Parkin W, Sex at work: The Power
and Paradox of Organisation sexuality, 1987,
Brighton:Wheatsheaf pp74, 82-85
Harassment is a form of grubbing into the
corporate culture.

Effects of Harassment
Sexual harassment pollutes the working
environment and can have a devastating effect
upon the health and safety of those affected
by it. It distorts the operation of the labour
market by depriving women of the
opportunities that are available to men
without sexual conditions.
Rubenstein, M The Dignity of Women at Work. A Report
on the Problem of Sexual Harassment in the Member
States of the European Communities, 1988, Luxembourg:
Office for Special Publications of the European
Communities, p 19
Conditions for liability and
Unwelcomeness
Insitu Cleaning Co Ltd v Heads [1995] IRLR 2;
Hello big tits! Said by employers son to
employee twice his age. HELD. S/H as exposed
victim to distress.
Stewart v Cleveland Guest (Engineering Ltd
[1994] IRLR 440
Semi-nude pictures of women was not sexual
harassment as a male may have found these
offensive as well. Unwelcome behaviour isnt
always unlawful harassment.

Conditions for liability and
Unwelcomeness
British telecommunications plc v Williams
[1997]
Male boss was aroused in private meeting with
female staff. HELD not S/H as not sexually
intimidating.
Burton and Rhule v De Vere Hotels Ltd [1996]
IRLR 596
Harassment by a customer of their boss entitled
the victims to claim against the employer.

Preventing harassment

EOC Sexual Harassment guide (1994) 58 EOR
35, pp 36 38
Women should:
Ask the harasser to stop, even if you are the only
woman objecting and keep a record of the incident(s)
Report the harasser to someone in authority
Follow up on the incident
Trade Unions should:
Have a policy to deal with such incidents, especially if
both harasser and victim belong to the union.

Preventing harassment
Employers should have a S/H procedure
which:
Specifies to whom a complaint should be made;
Ensure the complainants are treated seriously and
sympathetically;
Wherever possible, provide for a manager of the same sex as
the complainant to hear the complaint;
Ensure complaint is dealt with promptly and with due care;
Ensure equal sex distribution on investigating panel.
Ensure that procedures set out a timeframe for the
investigation.
Ensure that, if its necessary to separate the complainant and the
harasser, no pressure is placed on the complainant to transfer.

Changes to the Law
Specific legislation removes the need for
reliance on the comparative approach.
Townshend-Smith, Richard; Discrimination Law:
Text, Cases and Materials Routledge Cavendish
1998, pp.257-258

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