Sexual harassment in the workplace
Following on from the recent allegations made against Harvey Weinstein, just how common is sexual harassment in the workplace?
Harassment related to a protected characteristic is unlawful under the Equality Act 2010. Sex is one of 9 protected characteristics.
Sexual harassment occurs where a person engages in unwanted conduct of a sexual nature and that conduct has the purpose or effect of either violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. So this includes any unwanted verbal, non-verbal or physical conduct of a sexual nature which might involve, for example, unwelcome sexual advances, touching and sexual jokes etc.
Although the allegations against Harvey Weinstein include criminal offences, such as rape, many are allegations of sexual harassment. In total, more than 50 women have made allegations against Weinstein.
Research from 2016 showed that over half of women in the UK had suffered sexual harassment in the workplace. However, 4 in 5 women did not report the incident to their employers.
Why is this? The study showed that many women feared it would harm their chances at work or that they would not be taken seriously. Also, many perpetrators hide behind the argument that it is just a “bit of banter”.
So when does it stop being banter? When it has the purpose of effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.
The shocking extent of the allegations against Weinstein show that there is, unfortunately, a culture in which women do not feel able to report sexual harassment.
This needs to change and women need to be encouraged to come forwards. Employers should make it clear that they have a zero tolerance attitude to sexual harassment and if complaints are made, these should be treated seriously.
