Sexual harassment

If I didn’t get the job because I refused to be party to sexual activity, does the Act apply?

Yes, the Act makes it unlawful to make a request for sexual intercourse, sexual contact or any other form of sexual activity which contains an overt or implied promise of preferential treatment or an overt or implied threat of detrimental treatment. It is important for employers to ensure that interviewers and recruiters are trained to avoid sexual innuendo or other inappropriate behaviour and to have formal processes around the next stage of the process following an interview. Many organisations have policies that deal with sexual harassment; it is essential that the policy covers pre-employment as well as employment. Prevention of harassment and bullying is one of the seven key elements in being a good employer.
See Good Employer advice on http://www.neon.org.nz/crownentitiesadvice/


Who can I complain to about sexual harassment during the job application or interview process?

A job applicant who has been promised a job, or not given a job, because of sexual harassment can make a complaint under the Act. The Employment Relations Act does not apply to sexual harassment in a pre-employment situation.

Sexual harassment can take place through:

• the use of language, written or spoken, of a sexual nature; or
• the use of visual material of a sexual nature; or
• physical behaviour of a sexual nature.