TOPIC 8: QUOTES & DEFINITIONS

Question 1

Verbal sexual harassment quote

Answer 1

“Much, if not most, harassment is ‘related to’ the sex of the person harassed because of the form harassment frequently takes: the most effective weapon frequently involves highly personal comments about the individual, and these are very often gendered, as is much, though not all, verbal abuse.” (Linda Clarke, “Harassment, sexual harassment, and the Employment Equality (Sex Discrimination) Regulations 2005” (2006) Industrial Law Journal, Vol.35(2), pp.161-178)

Question 2

Insitu Cleaning Co Ltd v Heads ([1995] I.R.L.R. 4)

Answer 2

where the son (“B”) of two of the company’s four directors said to the applicant, a female employee twice his age: “Hiya big tits”. She found the remark distressing and asked her employers to discuss the matter informally with the perpetrator. When he denied making the remark, the employers insisted that she invoke the company disciplinary procedure. She refused to do this and resigned, claiming unfair constructive dismissal and sex discrimination. The Industrial Tribunal held that B’s remark constituted discrimination and that her employer was vicariously liable for it, but that she had not been constructively dismissed.

Question 3

implementation of policies

Answer 3

“Similarly, if employers decide to err on the side of caution and introduce policies which attempt to limit all forms of sexual expression, this may lead to overzealous disciplinary measures being taken against transgressors.” (L. Clarke, “Harassment, Sexual Harassment, and the Employment Equality (Sex Discrimination) Regulations 2005” (2006) Industrial Law Journal Vol.35(2) pp.161-178).

Question 4

online harassment quote

Answer 4

Fessler, writing in the New York Times, noted that working online has created new environments in which foul play can be emboldened, with no bystanders to step in as you would have with an in-person office workplace. She notes that “working from home deprives us of witnesses; the colleague who may otherwise overhear an off comment in the office is not present when we’re on a call at home.”