Defining Sexual Harassment [15-01-2008]

The EOC is challenging the way sexual harassment is defined to ensure it takes better account of the revised Equal Treatment Directive.

Currently the amended Sex Discrimination Act defines unlawful harassment of a woman by a person as where “on the ground of her sex he engages in unwanted conduct.” The current definition impermissibly imports causation according to the EOC. There can be conduct related to sex which is not of a sexual nature, which has the effect of creating an offensive working environment for a woman. The EOC prefers the Equal Treatment Directive’s definition of harassment as where “unwanted conducted related to the sex of the person occurs.”

Case (2007) IRLR 327 HC Equal Opportunities Commission v Secretary of State for Trade and Industry - Sex Discrimination. As reported in Equal Opportunities review January 2008 issue 172.

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