Sexual harassment in employment

(1) No employer or supervisor of an employee shall harass sexually an employee so as to make it appear to the employee that the prospects or working conditions of that employee are contingent upon the employee’s acceptance of sexual advances or toleration of the sexual advances from the employer or supervisor. Protection Against Sexual 7 (2) A prospective employer shall not harass sexually a person so as to make it appear to that person that, (a) an offer of employment to that person; or (b) the terms on which employment is offered, is or are contingent on that person’s acceptance of sexual advances or toleration of the sexual suggestions or innuendos from the prospective employer. (3) An employer or employee shall not harass sexually a fellow worker. (4) For the purpose of this section, a person shall be taken to harass sexually another person if the first-mentioned person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or engages in other unwelcome conduct of a sexual nature to the other person, and, (a) the other person suffers any form of disadvantage in connection with that other person’s employment or work or possible employment or possible work; or (b) the unwelcome request for sexual favours has the effect of interfering unreasonably with the other person’s work performance or when it creates an intimidating, hostile or offensive working environment. (5) In order to determine whether the alleged conduct constitutes sexual harassment in employment, all of the circumstances surrounding the facts that occurred shall be taken into consideration. The determination of the legality of an action shall be based on the findings of each particular case. Protection Against Sexual 8