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What is sexual harassment under discrimination law?

What is sexual harassment under discrimination law?

In addition to harassment relating to one of the protected characteristics, harassment of a sexual nature can also give rise to a claim against an employer. Sexual harassment comes in two forms:

  • An employee engages in unwanted conduct of a sexual nature, and the conduct has the purpose or effect of violating their colleagues dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for their colleague.
  • An employee 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 violating their colleagues dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for their colleague and because of their colleague’s rejection of or submission to the conduct, the employee treats them less favourably than they would have had they not rejected or submitted to the conduct.