Employment Equality Act, 1998

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Sexual harassment in the workplace etc.

23.—(1) If, at a place where A is employed (in this section referred to as “the workplace”), or otherwise in the course of A's employment, B sexually harasses A and either—

(a) A and B are both employed at that place or by the same employer,

(b) B is A's employer, or

(c) B is a client, customer or other business contact of A's employer and the circumstances of the harassment are such that A's employer ought reasonably to have taken steps to prevent it,

then, for the purposes of this Act, the sexual harassment constitutes discrimination by A's employer, on the gender ground, in relation to A's conditions of employment.

(2) Without prejudice to the generality of subsection (1) in its application in relation to the workplace and the course of A's employment, if, in a case where one of the conditions in paragraphs (a) to (c) of that subsection is fulfilled—

(a) B sexually harasses A, whether or not in the workplace or in the course of A's employment, and

(b) A is treated differently in the workplace or otherwise in the course of A's employment by reason of A's rejection or acceptance of the sexual harassment or it could reasonably be anticipated that A would be so treated,

then, for the purposes of this Act, the sexual harassment constitutes discrimination by A's employer, on the gender ground, in relation to A's conditions of employment.

(3) For the purposes of this Act—

(a) any act of physical intimacy by B towards A,

(b) any request by B for sexual favours from A, or

(c) any other act or conduct of B (including, without prejudice to the generality, spoken words, gestures or the production, display or circulation of written words, pictures or other material),

shall constitute sexual harassment of A by B if the act, request or conduct is unwelcome to A and could reasonably be regarded as sexually, or otherwise on the gender ground, offensive, humiliating or intimidating to A.

(4) According to the nature of the business of A's employer, the reference in subsection (1)(c) to a client, customer or other business contact includes a reference to any other person with whom A's employer might reasonably expect A to come into contact in the workplace or otherwise in the course of A's employment.

(5) If, as a result of any act or conduct of B, another person (“the Employer”) who is A's employer would, apart from this subsection, be regarded by virtue of subsection (1) as discriminating against A, it shall be a defence for the Employer to prove that the Employer took such steps as are reasonably practicable—

(a) in a case where subsection (2) applies, to prevent A being treated differently in the workplace or otherwise in the course of A's employment and, if and so far as any such treatment has occurred, to reverse the effects of it, and

(b) in a case where subsection (1) applies (whether or not subsection (2) also applies) to prevent B from sexually harassing A (or any class of persons of whom A is one).

(6) In this section “employed”, in relation to an individual (whether A or B), includes—

(a) seeking or using any service provided by an employment agency, and

(b) participation in any such course or facility as is referred to in paragraphs (a) to (c) of section 12 (1),

and, accordingly, any reference to that individual's employer includes a reference to the employment agency providing the service or, as the case may be, the person offering the course of training.

(7) Where subsection (6) applies in relation to A, subsection (1) shall have effect as if for the words “in relation to A's conditions of employment” there were substituted “contrary to section 11 or, as the case may be, section 12 ”.