Rules of engagement

Legislation is very clear about what constitutes sexual harassment.

Under the Employment Relations Act, an employee is sexually harassed if their employer (or a representative of their employer):

ASKS the employee for sex, sexual contact or other sexual activity, with a: promise (it can be implied) of better treatment in their employment, or threat (it can be implied) either of worse treatment or about current or future job security.

SUBJECTS (either directly or indirectly) the employee to behaviour that they don’t want or is offensive to them (even if they don’t let the employer or the employer’s representative know this) and which either is so significant or repeated that it has a negative effect on their employment, job performance or job satisfaction:

By using (in writing or speaking) sexual language, or

By using sexual visual material (pictures, diagrams, photos, videos, etc), or

Through sexual physical behaviour.

EXAMPLES of sexual harassment: Personally sexually offensive comments

Sexual or smutty jokes

Unwanted comments or teasing about a person’s sexual activities or private life

Offensive hand or body gestures Physical contact such as patting, pinching or touching

Provocative posters with a sexual connotation

Persistent and unwelcome social invitations (or telephone calls or emails) from workmates at work or at home Hints or promises of preferential treatment in exchange for sex

Threats of differential treatment if sexual activity is not offered

Sexual assault and rape.