As a reminder, sexual harassment under the Equality Act occurs when:
When determining whether the conduct has the purpose or effect of violating dignity, creating a hostile environment, or putting someone at a disadvantage or detriment, the Act states that the following factors must be taken into account:
The EHRC’s technical guidance on sexual harassment and harassment at work provides numerous examples of what will constitute sexual harassment in practice, and includes (amongst other things):
The EHRC Employment Statutory Code of Practice makes clear that “unwanted” does not require a person to have expressly objected to it on a previous occasion and can be verbal, non-verbal or physical conduct.
• A person (A) engages in unwanted conduct which of a sexual nature and the conduct has the purpose or effect of
• violating another person's (B’s) dignity, or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for B; or
• A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex and the conduct has the purpose or effect of
•
•
• the perception of B;
• the other circumstances of the case; and
• whether it is reasonable for the conduct to have that effect.
• sexual comments or jokes;
• suggestive looks, staring or leering;
• propositions and sexual advances;
• making promises in return for sexual favours;
• sexual gestures;
• intrusive questions about a person’s private or sex life or a person;
• discussing your own sex life;
• sexual posts or contact on social media; and
• spreading sexual rumours about a person.
• violating another person's (B) dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B; and
• because of B’s rejection of or submission to the conduct, A treats B less favourably than a would treat B if B had not rejected or submitted to the conduct.
violating another person's (B) dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B; and
because of B’s rejection of or submission to the conduct, A treats B less favourably the a would treat B if B had not rejected or submitted to the conduct.