What is sexual harassment in relation to services?
Unwanted behaviour of a sexual nature is known as sexual harassment and is against the law.
The law which deals with sexual harassment in relation to all kinds of goods services is the Equal Status Acts 2000-2015 (‘the ESA’).
Sexual harassment is behaviour which:
- damages your dignity, for example, making loud remarks about your body and attractiveness
- puts you in a hostile situation or environment, for example, displaying pornographic posters.
Sexual harassment can take many forms, including:
- actions
- gestures
- spoken or written words
- e-mails, text messages and social media posts
If you are sexually harassed while accessing goods or services, it is the service provider who may be held responsible. It is the service provider’s responsibility to make sure that anyone who has a right to the service is not harassed.
They have to show that they did everything that was reasonably practicable to prevent this kind of behaviour, even if it is not them or their staff who are sexually harassing you.
Example A woman is attending her local social welfare office to collect her social welfare entitlement, and other service users make rude gestures and lewd remarks about her when she is waiting. The office has put up posters banning sexual and other harassment, and warning of possible consequences. The manager warns the other services users that they will asked to leave if they continue to behave in this way and informs them that this behaviour may have consequences in terms of how they access their services in the future. In this case, the service provider is arguably taking reasonably practicable steps.
Do you think you have been or, are being sexually harassed when accessing goods or services?
- Check if your situation is covered by the law.
- Find out what to do if you think that you are being, or have been discriminated against.
- Find out how we can help