Employers in Ireland are placed under an obligation by The Employment Equality Acts 1998-2011 to prevent harassment in the workplace.
The Employment Equality Act 1998 as amended by the Equality Act 2004, prohibits discrimination in relation to employment on nine grounds namely, gender, marital status, family status, race, age, disability, religious belief, sexual orientation and membership of the Traveller community.
Harassment is defined by The Employment Equality Acts 1998 and 2004 as “unwanted conduct” which is related to any of the nine discriminatory grounds. Such conduct includes spoken words, gestures or the production, display or circulation of written words, pictures or other material. Sexual harassment refers to the unwanted conduct of a sexual nature. The purpose of such conduct in both harassment and sexual harassment cases must be the ‘violation of a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.’
In a school or college case this can not only cover behaviour by a boss or supervisor and a co-worker, but also that of pupils and students.
In a reported settlement, a retired teacher successfully brought a bullying claim against his employer for the actions of his students. The teacher claimed he was subject to homophobic abuse by students in a school and college under the control of the Louth Vocational Education Committee. His claim was based on the failure of his employer to adequately reprimand the students and to provide him with the necessary support. He settled the case for a sum equal to one year’s wages.
All employers are advised to adhere to the best practices stated in the Employment Equality Act, 1998 (Code of Practice) (Harassment) Order, 2012. This code provides the recommended steps for the prevention and elimination of harassment and sexual harassment in the workplaces. It sets out best practices for managing and investigating complaints. Although the Code is not legally enforceable, it is admissible in evidence and may if relevant be considered during any court or tribunal proceedings.
Both employers and employees are encouraged to contact Brophy Solicitors for further advice and information regarding workplace harassment.
Elaine Hickey
Brophy Solicitors
Brophy Solicitors
Gay teacher settles action over alleged bullying
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Medical Negligence Solicitors
Very helpful information on how to deal with harassment in the workplace. Thanks for sharing.
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