What is sexual harassment?
Sexual harassment sits alongside other forms of discrimination recognised in UK law under the Equality Act 2010.
The definition of sexual harassment
Unwanted conduct of a sexual nature.
That conduct must have the purpose or effect of violating their dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive to them. It also extends to unwanted conduct because a person has rejected the sexual advances of another.
Sexual interaction that is invited, mutual or consensual is not sexual harassment because it is not unwanted. However, sexual conduct that has been welcomed in the past can become unwanted.
Key considerations that come with this definition:
- Unwanted means unwelcome or uninvited. The employee doesn’t need to object to the conduct for it to be viewed as unwanted. ‘Unwanted’ reflects the employee’s view – it means unwanted by them.
- The conduct doesn’t have to be directed at the victim for it to be sexual harassment. An employee can complain that they have been sexually harassed if, for example, they work in an environment where they overhear colleagues discussing their sex lives providing that this is unwanted and meets the wider definition of harassment above.
- The victim of harassment decides whether a particular type of treatment is wanted or unwanted. There are various reasons that influence how people respond to conduct of a sexual nature, including cultural differences and past experiences. What one employee finds funny or flattering may be offensive or degrading to another. In judging whether conduct amounts to harassment, it is important to bear in mind that the motive of the ‘harasser’ is largely irrelevant.
Sexual harassment can be motivated by sexual entitlement or be used to humiliate or belittle people. It can also be used to entertain or objectify men or women as a sexual object. It covers verbal, non-verbal or physical conduct:
- Sexual comments or jokes
- Displaying sexually graphic pictures, posters or photos
- Suggestive looks, staring or leering
- Propositions and sexual advances
- Making promises in return for sexual favours
- Sexual gestures
- Intrusive questions about a person's private or sex life, or a person discussing their own sex life
- Sexual posts or contact on social media
- Spreading sexual rumours about a person
- Sending sexually explicit emails or text messages
- Unwelcome touching, hugging, massaging or kissing.
The cost of sexual harassment includes mental and physical ill health of victims.
For the organisation, the cost includes a negative impact on productivity, engagement, turnover, absenteeism, management, legal costs and financial compensation, reputational damage.