Q: I work in a rather highly charged, mostly male atmosphere. There are a couple of women and they are all fairly tough cookies who give as good as they get. A very foxy, sassy twenty something started working with us recently and she seemed to be of the same ilk as the rest of the ‘guy–gals’ until I made a harmless comment about her rather pert backside. She took it rather badly and got upset. One of the guys told me to watch out as he reckons I could get done for sexual harassment. Is this the case?

A: Your male banter is someone else’s sexual harassment lawsuit and you’d be an idiot to ignore that, no matter what you think of the legislation and the atmosphere in your workplace.

Sexual harassment is defined as unwelcome behaviour of a sexual nature, and even just one isolated act is enough to amount to it. It could be anything from sexual innuendo or lewd comments and it includes things which are written as well as spoken. Even if the environment of the workplace creates a hostile or humiliating atmosphere it still counts. Watch out for any sexually explicit material displayed in the workplace, downloading of internet porn by other employees, or any behaviour that creates an uncomfortable environment.

Normally sex discrimination claims must be made within three months of the incident(s) occurring. However she can make a claim after this period if she alleges that she was too scared to pursue her claim for fear of retribution. I would discreetly check if your new colleague has made any official complaint. I would also be extremely careful with your behaviour around her in the future. Perhaps inform your colleagues that their seemingly innocent behaviour in their eyes may well be deemed sexual harassment. I cannot stress enough how you and your workmates have to be aware of this. Everyday. Including in the pub after work.

You may have all just been extremely lucky to have escaped any such actions to date. Remember these kind of cases work in a strange domino effect – all it takes is one claim and everyone else suddenly feels harassed. Beware and behave!
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