Vol. 457 No. 5
26 Mr. Kenneally asked the Minister for Equality and Law Reform if he has satisfied himself that adequate provisions are in place in the workplace to protect women from harassment; and if he will make a statement on the matter. [15646/95]
At present, victims of sexual harassment in the workplace have access to legal redress. Any employee who considers that she or he may be a victim, may refer a complaint to the Labour Court under the provisions of the Employment Equality Act, 1977. In 1985, the Labour Court, in a precedent case, ruled that "freedom from sexual harassment is a condition of work that an employee of either sex is entitled to expect" and accordingly the court treats any denial of that freedom as discrimination within the terms of the 1977 Act. Within the revised employment equality legislation I intend to strengthen this protection by making explicit provision for protection against sexual harassment.
Towards the end of last year I published a code of practice on measures to protect the dignity of women and men at work. This code was prepared by the Employment Equality Agency with the full co-operation of both IBEC and ICTU and to date, the Employment Equality Agency has distributed it widely to employers, trade unions, individuals and other interested parties. The case for legal recognition for such a code of practice has been under consideration in the context of the current review of existing legislation and I am disposed to pursue an approach along these lines in the new Bill.
Both IBEC and ICTU have developed their own initiatives to combat sexual harassment in employment. The efforts of these bodies and the energy and commitment of the Employment Equality Agency in this particular area, have stimulated a greater awareness of the rights and responsibilities of both employees and employers on the issue. In 1994, the most frequent single issue raised in inquiries to the Employment Equality Agency was sexual harassment comprising 18 per cent of the total inquiries of the agency. These developments imply a growing awareness of rights and responsibilities on the issue.
