How do you define sexual harassment? Let's forget political correctness
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(a key source of unlawful discrimination in itself) and focus on the law. A useful definition comes from the European Commission: "Unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of men and women at work." Note that phrase "unwanted conduct". It is not sexual harassment to ask someone out for a date, even if the invitation is declined. It becomes sexual harassment when you refuse to take no For an answer.
"Office banter" of a sexual nature (mucky jokes and innuendo) may or may not be unwanted so this can be a difficult area. Banter acceptable, but there is the ever-present danger of someone going over the top and taking it into the realm of the unacceptable. Many people, of both sexes, are concerned that ordinary behaviour which brightens up the working day might lead them into trouble, and there may well be a thin line between what is wanted and what is unwanted.
A key to avoiding problems is to encourage employees to make their views known. They must learn to speak out and say "no" whenever appropriate. The employer has a duty to ensure that speaking out is part of the company's culture. People must know where they stand via plain, simple discussion avoiding political correctness. Employers must make sure that employees responsible For others under between sexes is
stand that natural deference to rank might inhibit the saying of ''no". Such employees have a particular responsibility to make sure that any sexual behaviour is wanted—or not!
Employees must also have someone who they can turn to in the organisation to discuss any problems. That person must have the authority to take matters further if necessary, although for minor transgressions (which might turn serious if not handled) a quiet word with minimum embarrassment will usually do the trick.
An employer will not be liable for sexual harassment in the workplace if he has taken reasonable steps to prevent the
behaviour complained of. The employer cannot see and hear everything. But he can lay down the ground rules and enforce them, by disciplinary action if necessary.