In the aftermath of the MeToo movement, catalysed by allegations within the Hollywood film industry, there remains ongoing dialogue in regard to sexual harassment and violence. Accompanying this surge in awareness and discussion, it has become more commonplace for claims of sexual harassment to be brought within the workplace and it is important that employers are aware of the differentiation between sexual harassment and sex discrimination.

A claim of sex discrimination involves facts concerning discrimination on the grounds of an individual’s sex, marital/civil partner status, gender reassignment, pregnancy or maternity. Sexual harassment, on the other hand, concerns unwanted verbal, non-verbal or physical conduct with a sexual nature. The type of conduct that falls within the umbrella of sexual harassment ranges from obscene sexual gestures or comments right through to serious criminal offences of sexual assault and rape.

Within legislation, sexual harassment is covered under the same legislation as sex discrimination, namely the Sex Discrimination (NI) Order 1976 under Article 6A specifically. It is defined as ‘unwanted conduct’ with the ‘purpose or effect’ of violating the victim’s dignity or ‘creating an intimidating, hostile, degrading, humiliating or offensive environment for’ the individual. Within the legislation, the victim is referred to in female terms with the use of ‘woman’, ‘she’ and ‘her’ used. However, employers should keep an open mind and be aware that sexual harassment can be directed towards men as well and there is no requirement for the harassment to occur between different sexes (i.e. between a man and a woman).

Legal Island Training Resources for Your Staff

Workplace Bullying | eLearning Course

Are you responsible for overseeing the implementation of training for all employees on the new Bullying Code of Practice in your organisation? Legal Island has created a 45-minute eLearning course for all employees. The provision of this training for your staff will enable your organisation to act in compliance with the Code and help to raise awareness of bullying and harassment in the workplace and explain what to do if employees are concerned.

Click here to view our course on workplace bullying.