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Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your sexual harassment issue. Part 2 Definition of the Annex to that Recommendation states:. Sexual attention becomes sexual harassment if it is persisted in once it has been made clear that it is regarded by the recipient as offensive, although one incident of harassment may constitute sexual harassment if sufficiently serious.
EDA, defined the law in relation to harassment as follows:. This suggests a subjective test and if the impugned conduct had the effect referred to at paragraph b of the subsection, whether or not that effect was intended, and whether or not the conduct would have produced the same result in a person of greater fortitude than the Complainant, it constitutes harassment for the purpose of the Acts. The intention of the perpetrator of the sexual harassment or harassment is irrelevant.
The fact that the perpetrator has no intention of sexually harassing or harassing the employee is no defence. The effect of the behaviour on the employee is what is relevant. The essential characteristics of harassment within this statutory meaning is that the conduct is a unwanted and b that it has either the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
This suggests a subjective test, but in practice, if a claim is initiated, it will be subject to some degree of objective examination. The Employment Equality Act Code of Practice Harassment Order confirms that harassment and sexual harassment can occur outside the workplace:. It may also extend to work-related social events. The types of behaviour set out in the Code of Practice include physical conduct of a sexual nature such as unnecessary touching, patting or pinching, verbal conduct of a sexual nature such as unwelcome sexual advances, propositions or pressure for sexual activity or suggestive remarks, non-verbal conduct of a sexual nature such as the display of pornographic or sexually suggestive pictures or leering, whistling, or gender based conduct.
