Sexual harassment is a form of unlawful discrimination under the Equality Act 2010.
Sexual harassment is when a person engages in unwanted behaviour of a sexual nature (verbal, non-verbal or physical), which has the purpose or effect of violating someone’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive working environment.
An individual can experience unwanted behaviour from someone of the same or a different gender. You don’t need to have previously objected to someone's behaviour for it to be considered unwanted.
Sexual harassment can include:
- Unwanted physical contact such as the invasion of personal space such as intentionally brushing up against someone, touching, hugging, or kissing through to sexual assault, indecent exposure, stalking and rape which are criminal offences (see section on Sexual Violence).
- Following someone with the intention of watching them or attempting to make contact.
- Leering and making suggestive gestures, noises or remarks including wolf-whistling (a two-note sound made to show interest or approval of someone) and cat calling (a loud, sexually suggestive call or comment directed at someone publicly).
- Comments of a sexual nature about a person’s appearance or clothing.
- Comments of a sexual nature about a person’s sexual orientation.
- Comments of a sexual nature about a person's gender identity.
- Intrusive questions or suggestions about a person’s sex life or discussing own sex life.
- Unwelcome sexual advances, propositions or demands for sexual favours or giving unwelcome personal gifts.
- Making comments or jokes of a sexual nature.
- Posting sexually explicit content on social media.
- Sending sexually explicit emails or other messages via teams, text or WhatsApp.
- Displaying or sharing material of a sexual nature i.e. pornographic pictures including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media.
A single incident or persistent behaviour can amount to sexual harassment.
Sexual harassment can happen to people of any gender identity or sexual orientation. It can be carried out by anyone of the same gender, a different gender or anyone of any gender identity. Sexual harassment does not have to occur face to face. It can be in the form of emails, visual images, social media posts, phone conversations, texts, or other electronic messages.