Despite most workplaces being closed for the past four months, and employees working from the comfort of their own homes, it seems that sex discrimination towards women in the workplace is thriving.
Recent figures show that more than a third of women have experienced at least one sexist workplace demand since the coronavirus lockdown started in March, including being told to dress ‘sexier’, look nicer, do their hair and wear make up for face-to-face interactions when using video conferencing platforms such as Zoom.
Demands have been targeted at women, rather than equally with male employees, leaving women feeling ‘objectified, demoralised and self-conscious’ about their appearance. Furthermore, most women have not raised complaints for fear of a negative impact on their career.
Requests of this nature are unlawful and amount to sexual harassment, which is a form of unlawful discrimination under the Equality Act 2020.
Sexual harassment is unwanted behaviour of a sexual nature which is either meant to, or has the effect of, violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The intention behind a particular comment or joke doesn’t have to be to harass someone, it is the way it is received which is crucial. Even if the person making the comment did not intend to cause offence or upset, it is still sexual harassment if the recipient is offended or upset.
What some people might consider to be ‘only joking’ or ‘banter’ as part of their workplace culture, can still be sexual harassment if the behaviour is of a sexual nature and is unwanted.
Sexual harassment does not have to involve overtly sexual physical contact. More common these days are these more insidious forms of harassment, including comments about someone’s appearance dressed up as ‘compliments’ or asking women to look nicer or make more of an effort for clients and colleagues.
Complaints about these forms of harassment are often not interpreted by employers as serious, however, this subtle behaviour can still constitute sexual harassment and should be dealt with as robustly as physical contact.
Anyone who sexually harasses someone at work is responsible for their own actions. Employers also generally have ‘vicarious liability’ for the actions of their employees which means they may also be held responsible for the behaviour of their employees and must do everything they reasonably can to ensure their staff are protected from sexual harassment.
An employer’s liability for the conduct of their employees is not waived simply because a victim is working from home. If such conduct is related to a protected characteristic, such as ‘sex’, and it is done ‘during the course of employment’ then the employer will be liable for the discriminatory detriment that the worker suffers.
Far too many women still face sexual harassment in the workplace, and it is concerning that cases of sexual harassment amongst remote workers appear to be on the increase in line with the number of people now working from home.
In the current situation, with reduced access to managers and HR assistance, feelings of isolation and the fear of job losses may result in women being reluctant to raise concerns and complaints.
Employees are advised to keep notes of any offensive and unusual behaviour and report it to their employer informally at first and, if necessary, raise a formal grievance.
If the problem is not taken seriously and resolved, employees will need to consider whether to make a claim to the Employment Tribunal.
For more information and to find out how we can help you, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.