Employment Equality Act, 1998
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Harassment in the workplace etc. |
32.—(1) If, at a place where C is employed (in this section referred to as “the workplace”), or otherwise in the course of C's employment, another individual (“E”) harasses C by reference to the relevant characteristic of C and— | |
(a) C and E are both employed at that place or by the same employer, | ||
(b) E is C's employer, or | ||
(c) E is a client, customer or other business contact of C's employer and the circumstances of the harassment are such that C's employer ought reasonably to have taken steps to prevent it, | ||
then, for the purposes of this Act, the harassment constitutes discrimination by C's employer, in relation to C's conditions of employment, on whichever discriminatory ground is relevant to persons having the same relevant characteristic as C. | ||
(2) Without prejudice to the generality of subsection (1) in its application in relation to the workplace and the course of C's employment, if, in a case where one of the conditions in paragraphs (a) to (c) of that subsection is fulfilled— | ||
(a) E harasses C by reference to the relevant characteristic of C, whether or not in the workplace or in the course of C's employment, and | ||
(b) C is treated differently in the workplace or otherwise in the course of C's employment by reason of C's rejection or acceptance of the harassment or it could reasonably be anticipated that C would be so treated, | ||
then, for the purposes of this Act, the harassment constitutes discrimination by C's employer, in relation to C's conditions of employment, on whichever discriminatory ground is relevant to persons having the same relevant characteristic as C. | ||
(3) Section 23 (4) applies in relation to subsection (1)(c) with the substitution for any reference to A of a reference to C. | ||
(4) It is immaterial for the purposes of this section whether E— | ||
(a) stands as D in relation to C, or | ||
(b) has the same relevant characteristic as C, | ||
and any reference in this section to the relevant characteristic of C (or the same relevant characteristic as C) includes a reference to what E believes to be the relevant characteristic of C. | ||
(5) For the purposes of this Act, any act or conduct of E (including, without prejudice to the generality, spoken words, gestures or the production, display or circulation of written words, pictures or other material) constitutes harassment of C by E if the action or other conduct is unwelcome to C and could reasonably be regarded, in relation to the relevant characteristic of C, as offensive, humiliating or intimidating to C. | ||
(6) If, as a result of any act or conduct of E another person (“F”) who is C's employer would, apart from this subsection, be regarded by virtue of subsection (1) as discriminating against C, it shall be a defence for F to prove that F took such steps as are reasonably practicable— | ||
(a) in a case where subsection (2) applies, to prevent C being treated differently in the workplace or otherwise in the course of C'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 E from harassing C (or any class of persons of whom C is one). | ||
(7) In this section “employed”, in relation to an individual, includes— | ||
(a) seeking or using any service provided by an employment agency, and | ||
(b) participating in any such course or facility as is referred to in paragraphs (a) to (c) of section 12 (1), | ||
and, accordingly, any reference to the individual's employer includes a reference to the employment agency providing the service or, as the case may be, the person offering the course or facility. | ||
(8) Where subsection (7) applies in relation to C, subsection (1) shall have effect as if for the words “in relation to C's conditions of employment” there were substituted “contrary to section 11 or, as the case may be, section 12 ”. |