Vol. 461 No. 4
19 Dr. Woods asked the Minister for Equality and Law Reform if he has satisfied himself that the Employment Equality Agency has adequate power to deal with the growing problem of bullying, abuse of power/dominant position by men against women in the private and public work areas. [3068/96]
One of the most common forms of harassment in the workplace is sexual harassment. Legal redress is available to victims of this form of behaviour under the Employment Equality Act, 1977, notwithstanding the absence of a specific reference in the Act to sexual harassment. 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". Accordingly, the court treats any denial of that freedom as discrimination within the terms of the Act.
In September 1994 I published a code of practice on measures to protect the dignity of men and women at work. This code of practice was prepared by the Employment Equality Agency with the full co-operation of the ICTU and IBEC and, in accordance with a commitment in the Programme for Competitiveness and Work, the code of practice is being promoted, monitored and reviewed by the Employment Equality Agency. The agency has sought to ensure as wide as possible distribution of the code and to date in excess of 30,000 copies have been distributed to employers, individuals and other interested parties. While the present code is not mandatory, the case for legal recognition for such a code is under consideration in the context of the current review of existing legislation. In addition, I also intend to make more explicit provision to combat sexual harassment in the new Bill which I expect to publish shortly.
Meanwhile the Employment Equality Agency continues to provide advice and assistance to employees and employers in both the public and private sectors on the issue of sexual harassment. Any person who reports a concern to the agency, the lead experts in this field, will receive a confidential, personal and sympathetic hearing. It will advise people of their rights and, if necessary, may represent or arrange for them to be represented in proceedings under the employment equality legislation.
The Minister said sexual harassment is one of the major grievances in the workplace and that was a finding of the Employment Equality Agency. I proposed earlier that there might be a helpline, particularly for the public service, to deal with the problem and that much of the harassment is akin to bullying or the abuse of power in the workplace. This is not being sufficiently highlighted.
I have had a complaint from a lady staff member in a Civil Service Department. She went to the Employment Equality Agency because she was being harassed, but it said that because the harassment was not explicit or clear-cut sexual harassment, it did not come within its remit. A great deal of harassment in the workplace involves undermining a person's confidence, bullying and the abuse of power yet the Employment Equality Agency does not see this as being in its remit. Is it in the agency's remit? If not it should be, or there should be some other mechanism to deal with the problem.
As I understand it, any matters arising under the 1974 or 1977 legislation would properly come within the remit of the Employment Equality Agency. The circumstances outlined by Deputy Woods sound rather like sexual harassment but one would have to hear all the circumstances. The agency has skilled, experienced and professional staff who provide a first class service. I have not had complaints about its operation in this field. It operates within the ambit of the law as interpreted by tribunals and courts and it does a good job. Its advice is available.
If there are any shortcomings and any particular circumstances may not be within the ambit of the legislation as interpreted by the courts and tribunals, we can examine the matter in the context of the soon to be published employment equality Bill.
One could probably describe it as gender harassment rather than sexual harassment.
That is a rather thin distinction.
I have certainly come across it. I would have thought it would come within the ambit of the Employment Equality Agency but the experience in the case to which I referred was that because it did not involve specific sexual harassment, as distinct from gender harassment, it was not covered.
Harassment is not always sexual but is often an abuse of power undermining people in the workplace. One could possibly describe it as gender harassment. I welcome the Minister's commitment to examine the issue.
