Part 2Equality: key concepts
Chapter 2Prohibited conduct
Other prohibited conduct
26Harassment
1
A person (A) harasses another (B) if—
a
A engages in unwanted conduct related to a relevant protected characteristic, and
b
the conduct has the purpose or effect of—
i
violating B's dignity, or
ii
creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
2
A also harasses B if—
a
A engages in unwanted conduct of a sexual nature, and
b
the conduct has the purpose or effect referred to in subsection (1)(b).
3
A also harasses B if—
a
A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,
b
the conduct has the purpose or effect referred to in subsection (1)(b), and
c
because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
4
In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—
a
the perception of B;
b
the other circumstances of the case;
c
whether it is reasonable for the conduct to have that effect.
5
The relevant protected characteristics are—
age;
disability;
gender reassignment;
race;
religion or belief;
sex;
sexual orientation.
I127Victimisation
1
A person (A) victimises another person (B) if A subjects B to a detriment because—
a
B does a protected act, or
b
A believes that B has done, or may do, a protected act.
2
Each of the following is a protected act—
a
bringing proceedings under this Act;
b
giving evidence or information in connection with proceedings under this Act;
c
doing any other thing for the purposes of or in connection with this Act;
d
making an allegation (whether or not express) that A or another person has contravened this Act.
3
Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.
4
This section applies only where the person subjected to a detriment is an individual.
5
The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule.