Section 6: Sexual Harassment at Work – Your Rights
6.Sexual harassment in employment
(1)An employee shall be sexually harassed in that employee's employment if that employee's employer, or a representative of that employer—
(a)directly or indirectly makes a request of that employee for sexual intercourse, sexual contact or any other form of sexual activity that contains—
(i)an implied or express promise of preferential treatment in employment;
(ii)an implied or express threat of detrimental treatment in employment;
(iii)an implied or express threat about the present or future employment status of the employee;
(b)uses language whether written or spoken of a sexual nature;
(c)uses visual material of a sexual nature; or
(d)shows physical behaviour of a sexual nature, which directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee and that, either by its nature or through repetition, has a detrimental effect on that employee's employment, job performance, or job satisfaction.
(2)Where an employee is sexually harassed in any way described in subsection (1) by the employer or representative of an employer, the employee is entitled to lodge a complaint with a labour officer and the labour officer shall have the powers to make all of the orders he or she could have made if the complaint was a complaint about unjustified disciplinary penalty or unjustified dismissal.
(3)For the purposes of this section, a representative of an employer is a person who is employed by that employer, who either has authority over the employee alleging sexual harassment or is in a position of authority over other employees in the work place of the employee alleging sexual harassment.
(4)Every employer who employs more than twenty-five employees is required to have in place measures to prevent sexual harassment occurring at their work place.
Plain English Summary
You have the right to be free from sexual harassment at work. Your employer or a manager cannot ask you for sex or sexual favours by promising better ...
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