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.