In a recent survey more than half the employers surveyed said that complaints of sexual harassment had been made at their workplaces. Nine out of ten harassment cases were upheld after internal investigations. Sexual harassment is not mentioned in the Sex Discrimination Act but where a woman is sexually harassed at work, she may be subject to a detriment which falls within the scope of the Act. If that is the case it is a direct discrimination and the defence of justification is not open to the employer. Sexual harassment is conduct which is offensive to the recipient.
Sexual harassment can vary widely in type and seriousness.
Despite this recognition, as we have seen at present the Sex Discrimination Act has not been interpreted to bring sexual orientation within its ambit. The victim does not have to demonstrate any consequential loss, such as threat of dismissal. It is enough that her working environment has become intimidating, hostile or offensive. A school laboratory assistant was subjected to constant suggestive remarks and conduct by two male colleagues in a campaign to persuade her to leave. The court decided that the unfavourable treatment could not be compared with any other unfavourable treatment that could have been meted out to a man because of its sexual character.