Please enable JavaScript.
Coggle requires JavaScript to display documents.
Forms of Discrimination (Harassment
(s.26 EqA10) (Definition: Unwanted…
Forms of Discrimination
-
-
Harassment
(s.26 EqA10)
Definition: Unwanted conduct related to any protected characteristic, and the conduct has the purpose or effect of violating dignity, or creating an intimidating, hostile, degrading or offensive environment (Kumra & Manfredi, 2012)
ACAS:
- includes gossip, threats, jokes, bullying and inappropriate questions
- can be verbal, written or physical
- is based on the victim's perception of unwanted behaviour and whether it is reasonable for the victim to feel that way
- can also be by perception/association
- employees also protected against harassment by third parties if employer did not take reasonable steps to prevent it)
- Excluded: Marriage/Civil Partnership & Pregnancy
Issues
- claim does not go through if it is not due to one of the protected characteristics -> Protection of Harassment Act 1997 (stalking) might be an alternative (e.g. Majrowski v Guy's and St Thomas's NHS Trust (2005)!: Claimant stopped working due to depressive disorder caused by colleague swearing, shouting and assaulting her)
- credibility is added if people told their harassers, that they don't want it
- dresscodes could be regarded as harassment but more difficult: could be different for men and women
Defence
- Evidence of actively implemented equal opportunities policy
- only applicable if action was taken before complaint
Numbers and Facts
- 97% applicants are women, most in non-managerial/non-professional roles
- alleged harassers almost all male managers, 84% senior to claimants
- all sectors represented, most SMEs because fewer policies and harassers often is the owner
- 2/3 of cases are unwanted sexual attention cases
- win rates increasing over time since EqA10
-> Business problem: lower well-being and performance, high cost, management and reputation issues
Preceded by:
- Sex Discrimination Act 1975: prohibits unwanted conduct related to sex/of sexual nature with the effect of creating a hostile environment
- Race Relations Act 1976: prohibits discrimination on the grounds of race/ehtnic origin creating hostile envrionment or violating dignity
-