Along came a spider...

4.1. Introduction

4.EC.1. Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
4.EC.2. Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
4.EC.3. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
4.EC.4. Commission Recommendation of 27 November 1991 on the protection of the dignity of women and men at work (92/131/EEC)
4.EC.5. Commission Recommendation of 27 November 1991 on the protection of the dignity of women and men at work (92/131/EEC)
4.EC.6. Commission of the European Communities, Sexual harassment in the Workplace in the European Union

4.2. Historical Development

4.2.1. The Legal Recognition of Racial and 'Sexual Harassment' in The US

4.US.7. Fifth Circuit Court of Appeals, 454 F 2d 234 (1971), Rogers v EEOC. whether racial harassment is actionable race discrimination
4.US.8. District of Columbia Circuit Court of Appeal, 561 F 2nd 983 (1977), Barnes v Costle. quid pro quo sexual harassment as actionable sex discrimination
4.US.9. Equal Employment Opportunity Commission, Guidelines on Sexual Harassment
4.US.10. Eleventh Circuit Court of Appeals, 682 F 2d 897 CAFla (1982), Henson v City of Dundee. "hostile environment" harassment as actionable sex discrimination
4.US.11. US Supreme Court, 477 US 57 (1986), Meritor Savings Bank v Vinson. "hostile environment" harassment as actionable sex discrimination
4.US.12. US Supreme Court, 523 US 75 (1998), Oncale v Sundowner Offshore Servs, Inc. same-sex sexual harassment as sex discrimination
4.US.13. Seventh Circuit Court of Appeals, 231 F 3d 1080 (2000), Spearman v Ford Motor Co. harassment based on sexual orientation not sex discrimination

4.2.2. The Recognition of Harassment and Sexual Harassment in International Law

4.UN.14. Committee on the Elimination of Discrimination against Women, General Recommendation No 19: Violence against women
4.UN.15. Committee on the Elimination of Race Discrimination, CERD/C/62/ D/26/2002 (2002), Hagan v Australia. exposure to racially offensive material amounts to discrimination
4.INT.16. H Hoel, K Sparks & CL Cooper, The Cost Of Violence/Stress At Work and The Benefits of a Violence/Stress-Free Working Environment
4.INT.17. v Di Martino, H Hoel and CL Cooper, Preventing violence and harassment in the workplace
4.GB.18. Guidance on Bullying, UNISON, 1996
4.INT.19. v Di Martino, H Hoel and CL Cooper, Preventing violence and harassment in the workplace
4.INT.20. J Aeberhard-Hodges, Sexual harassment in employment: Recent judicial and arbitral trends

4.3. The Regulation of Harassment and Sexual Harassment in The EU and Its Member States Prior to 2000

4.EC.21. Commission of the European Communities, Sexual harassment in the Workplace in the European Union

4.3.1. Harassment and Sexual Harassment in The EU

4.EC.22. Commission of the European Communities, Sexual harassment in the Workplace in the European Union
4.EC.23. European Commission's Advisory Committee on Safety, Hygiene and Health Protection, Opinion on Violence at the workplace
4.EC.24. Commission of the European Communities, Communication from the Commission: Adapting To Change In Work And Society: A New Community Strategy On Health And Safety At Work

4.3.2. Harassment and Sexual Harassment in The EU Member States

4.EC.25. Sexual Harassment in Post-Communist Countries

4.3.3. Addressing Harassment and Sexual Harassment Outside The Framework of Discrimination Law

4.3.3.A. Penal Provisions

4.PT.26. Portuguese Penal Code

4.3.3.B. Civil Provisions

4.IT.27. A Simoni, Report on measures to combat discrimination: Directive 2000/43/EC and 2000/78/EC. country report Italy
4.PT.28. Portuguese Civil Code

4.3.3.C. Health and Safety Provisions

4.3.3.D. General Labour Law Provisions

4.EC.29. Commission of the European Communities, Sexual harassment in the Workplace in the European Union

4.3.4. Harassment and Sexual Harassment Within The Context of Discrimination Law

4.GB.30. Sex Discrimination Act 1975
4.GB.31. Court of Session: First Division, 14 January 1986, Strathclyde Regional Council v Porcelli. sexual harassment can amount to sex discrimination
4.GB.32. Employment Appeal Tribunal, 4 May 1994, Stewart v Cleveland Guest (Engineering) Ltd. "pin ups" did not discriminate against women
4.GB.33. Employment Appeal Tribunal, 27 July 2004, Brumfitt v Ministry of Defence. sexual abuse did not discriminate against women
4.GB.34. House of Lords, 31 July 2001, Pearce v Governing Body of Mayfield School. homophobic harassment is not sex discrimination

4.3.5. Express Regulation of Sexual and Other Harassment

4.DK.35. High Court for Eastern Denmark, 31 October 2001. sexually explicit insults not sex discrimination
4.IE.36. Irish Employment Equality Acts 1998 to 2004
4.IE.37. Equality Tribunal, A complainant v A company. only a fooling girl
4.FR.38. French Penal Code
4.DE.39. German Law for the protection of the persons employed from sexual annoyance on the job of 24 June 1994
4.BE.40. Belgian Federal Act of 11 June 2002 on violence, mobbing and sexual harassment at work
4.SE.41. The Swedish Equal Opportunities Act 1991 (as amended in 1998)
4.BE.42. Belgian Federal Act of 11 June 2002 on violence, mobbing and sexual harassment at work

4.3.6. Enforcing Prohibitions on Harassment and Sexual Harassment: Problems of Vicarious and Direct Liability

4.IE.43. High Court, BC v a Health Board. sexual assault not "within the course of employment"
4.GB.44. Race Relations Act 1975
4.GB.45. Court of Appeal, Jones v Tower Boot Co Ltd. whether employer is liable for abusive conduct of fellow employees
4.IE.46. Labour Court, AEE/02/6 Determination No 029, 9 October 2002. employers' liability for harassment
4.NL.47. Equal Treatment Commission, Opinion 1997-122. employer's liability for harassment
4.NL.48. Equal Treatment Commission, Opinion 1997-82. liability for harassment by third party
4.GB.49. House of Lords, 31 July 2001, Pearce v Governing Body of Mayfield School. liability for harassment by third parties
4.SE.50. The Swedish Equal Opportunities Act 1991(as amended in 1998)
4.EC.51. General Report On Developments In EU Gender Equality Law of the Commission's Network of legal experts in the fields of employment, social affairs and equality between men and women (June 2004 - May 2005)
4.SE.52. The Swedish Equal Opportunities Act 1991(as amended in 1998)
4.INT.53. v Di Martino, H Hoel and CL Cooper, Preventing violence and harassment in the workplace

4.4. Regulation of Harassment and Sexual Harassment After Implementation of Directives 2004/43/EC, 2000/78/EC and 2002/73/EC

4.4.1. Definitions of "Harassment" and "Sexual Harassment"

4.FR.54. French Labour Code
4.BE.55. Belgian Act to combat discrimination of 25 February 2003
4.NL.56. The Dutch General Equal Treatment Act
4.NL.57. M Gijzen, Report on measures to combat discrimination: Directive 2000/43/EC and 2000/78/EC. country report Netherlands
4.IE.58. Irish Employment Equality Acts 1998 to 2004
4.GB.59. Race Relations Act 1976
4.GB.60. Sex Discrimination Act 1975

4.4.2. "Harassment" and "Discrimination"

4.GB.61. Disability Discrimination Act 1995

4.4.3. Liability for Harassment

4.DK.62. The Danish Labour Market Discrimination Act
4.DK.63. NE Hansen, Report on measures to combat discrimination: Directive 2000/43/EC and 2000/78/EC. country report Denmark
4.NL.64. M Gijzen, Report on measures to combat discrimination: Directive 2000/43/EC and 2000/78/EC. country report Netherlands
4.IE.65. Irish Employment Equality Acts 1998 to 2004
4.EC.66. Directives 2000/43/EC and 2000/78/EC

4.5. Comparative Analysis