Employment Law: Sexual Harassment and Discrimination in the Workplace

EMPLOYMENT LAW

TABLE OF CONTENTS
PROBLEM SOLVING QUESTION ..............................................................................................1
ISSUE .............................................................................................................................................1
LAWS .............................................................................................................................................1
REFERENCES................................................................................................................................5

PROBLEM SOLVING QUESTION
ISSUE
 In present case Anna Bellucci is female employee of Kingswood Motor Company
holding position as 'acting leading hand'. She started facing discrimination after the
promotion from male workers of assembly line.
 Biased and unfair treatment was also faced from the manager by not taking any action
and colleagues in the group chats by abusing her with offensive comments.
 Can Anna seek actions under the Sex Discrimination Act, 1984 for the sexual harassment
faced by her in the company ?
 Does Anna have any remedies with regard to bullying issue from male members,
manager and other colleagues ?
 The issue is whether employer could be held liable for the acts of employees ?
LAWS Sexual harassment is unlawful in Sex Discrimination Act 1984, that is one among the
four federal laws for anti-discrimination acts. Sexual harassment has stand alone
provisions but is considered part of sex discrimination therefore additionally covered by
general prohibition over direct & indirect discrimination in same legislation.
Sex Discrimination Act 1984
 Section 5A is applicable when individual discriminates against other aggrieved person
on ground of sexual orientation. Section 5B is applicable where the individual discriminates against the other person on
the ground of gender identity.
Sexual harassment Section 28A and 28B
 A person is sexually harassed if person makes unwelcome sexual advances or unwelcome
requests for the sexual favours to person harassed or engages in unwelcome conduct of
sexual nature related to person harassed
 Circumstances where the person regard to all circumstances have anticipated possibility
of person being harassed will be humiliated, offended or intimidated.
 The section provides the act of sexual harassment of employee is unlawful. The fellow
employees harassing employee is unlawful employed under same employer.
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