Harassment

who does s40 protect

employees or job applicants

is there a length of service requirement

no

who is the burden on

employer must prove that their conduct was not unlawful

test for harassment

is there conduct of a kind which can amount to harassment

did the conduct have the purpose or effect of violating another’s dignity or creating intimidating, hostile, humiliating environment

character related harassment - relevant protected characteristic

unwelcome conduct

deliberate or unintentional

sexual harassment

unwanted sexual advances, touching

less favourable treatment

unwanted conduct because of B’s rejection or submission to the conduct

difference purpose or effect of violating

conduct was intended to have to the effect of violating dignity or reasonable be considered has having that effect

remedies - same as discrimination

declaration of employee’s rights

recommendation employer takes steps to alleviate effect of discrimination

compensation no upper limit

what separate duty are employers under

take reasonable steps to prevent sexual harassment