Equal Status Act, 2000
|
Sexual and other harassment. |
11.—(1) A person shall not sexually harass or harass (within the meaning of subsection (4) or (5)) another person (“the victim”) where the victim— | |
(a) avails or seeks to avail himself or herself of any service provided by the person or purchases or seeks to purchase any goods being disposed of by the person, | ||
(b) is the proposed or actual recipient from the person of any premises or of any accommodation or services or amenities related to accommodation, or | ||
(c) is a student at, has applied for admission to or avails or seeks to avail himself or herself of any service offered by, any educational establishment (within the meaning of section 7 ) at which the person is in a position of authority. | ||
(2) A person (“the responsible person”) who is responsible for the operation of any place that is an educational establishment or at which goods, services or accommodation facilities are offered to the public shall not permit another person who has a right to be present in or to avail himself or herself of any facilities, goods or services provided at that place, to suffer sexual harassment or harassment at that place. | ||
(3) It shall be a defence for the responsible person to prove that he or she took such steps as are reasonably practicable to prevent the sexual harassment or harassment, as the case may be, of the other person referred to in subsection (2) or of a category of persons of which that other person is a member. | ||
(4) Sexual harassment takes place where a person— | ||
(a) subjects another person (“the victim”) to an act of physical intimacy, | ||
(b) requests sexual favours from the victim, or | ||
(c) subjects the victim to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, | ||
where— | ||
(i) the act, request or conduct is unwelcome to the victim and could reasonably be regarded as offensive, humiliating or intimidating to him or her, or | ||
(ii) the victim is treated differently by reason of his or her rejection of or submission to, as the case may be, the act, request or conduct or it could reasonably be anticipated that the victim would be so treated. | ||
(5) Harassment takes place where a person subjects another person (“the victim”) to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which in respect of the victim is based on any discriminatory ground and which could reasonably be regarded as offensive, humiliating or intimidating to him or her. |