108 Sexual harassment

(1)

For the purposes of sections 103(1)(d) and 123(d), an employee is sexually harassed in that employee’s employment if that employee’s employer or a representative of that employer—

(a)

directly or indirectly makes a request of that employee for sexual intercourse, sexual contact, or other form of sexual activity that contains—

(i)

an implied or overt promise of preferential treatment in that employee’s employment; or

(ii)

an implied or overt threat of detrimental treatment in that employee’s employment; or

(iii)

an implied or overt threat about the present or future employment status of that employee; or

(b)

by—

(i)

the use of language (whether written or spoken) of a sexual nature; or

(ii)

the use of visual material of a sexual nature; or

(iii)

physical behaviour of a sexual nature,—

directly or indirectly subjects the employee to behaviour that is unwelcome or offensive to that employee (whether or not that is conveyed to the employer or representative) and that, either by its nature or through repetition, has a detrimental effect on that employee’s employment, job performance, or job satisfaction.

(2)

For the purposes of sections 103(1)(d) and 123(d), an employee is also sexually harassed in that employee’s employment (whether by a co-employee or by a client or customer of the employer), if the circumstances described in section 117 have occurred.

Compare: 1991 No 22 s 29