Rules of en­gage­ment

Leg­is­la­tion is very clear about what con­sti­tutes sex­ual ha­rass­ment.

New Zealand Listener - - 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.

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