Sexual Health and The Law

Workplace - Unwelcome sexual attention/harassment/discrimination

Many people spend a significant part of their lives in the workplace. Sexual relationships between work colleagues are very common, and all the information about sexual health in other sections of this website clearly apply here too. However, it is also common in the workplace, as well as other situations in life, that sexual attention is not always welcomed In most situations we have the choice to avoid people who make us uncomfortable; but in the workplace this can be very difficult to achieve.

Sexual harassment is a serious issue. It causes distress and illness. It affects both women and men. It is also unlawful; and employers have a responsibility to prevent and deal with it. Employers should also be aware of the possible damage to the effectiveness and reputation of their business. Nobody should be subjected to sexual harassment of any kind. Any unwelcome physical, verbal or non-verbal conduct of a sexual nature can be classed as sexual harassment.
Sexual harassment can take may different forms including sexual demands or requests for sexual favours (from members of the same or opposite sex), indecent remarks or name calling using demeaning words that are gender specific, questions about someone’s sex life, demeaning comments about someone’s appearance, uninvited physical contact, and any other behaviour of a sexual nature that could cause someone to feel intimidated or create an environment that is hostile or humiliating.

If you are experiencing sexual harassment, it is important to remember that it is not your fault. In order for the harassment to stop you will need to tell the harasser that their behaviour (and be specific here) is unwelcome and that you want it to stop. You can ask a trusted colleague or trade union representative or even a friend to be with you. A witness is good for giving you moral support and may be able to provide or back-up evidence later if necessary. If you find it easier, you could write a letter, and remember to keep a copy.

Keep a record of any incidents and any action you take (a diary, copies of letters etc.), and if anyone else is being harassed, get them to do the same. It is important that any sexual harassment is dealt with as soon as possible in order to protect yourself and colleagues in the future.

In particular cases, even if and when the situation is sorted out, you should not be made to work alongside the harasser (if they still have a job there). Again, it is the employer’s responsibility to take all reasonable steps to ensure your work environment is not threatening.
Sexual Discrimination is not the same as harassment, but it is still an important issue in the workplace. Sometimes it is obvious if you are treated unfairly in any way because of your sex (and you can show that someone of the opposite sex would not be treated that way) then this is direct discrimination. Indirect discrimination refers to conditions that are set down for a job that unfairly limit the chances of one sex.

Equal rights and sex discrimination laws clearly state that opportunities should be made equally available to both men and women (and indeed people from all ethnic backgrounds, and disabled people). There are some exceptions to this rule including acting, modelling, and jobs that might involve physical or close contact with the opposite sex.