Ilac Anti-Discrimination Law
Anti-discrimination Law
Question 1: [Sexsual harassment]
Sue works for a company called X-Pest Pty Ltd. One day Sue walked into the lunchroom of the business. In the lunchroom was a number of male and female staff that were looking at the latest Queensland Netball Team calendar called “Chicks of Netball”. The players in the calendar were semi-naked. As Sue walked into the room, Bruce, who knew Sue was very shy around men, was pinning up Miss October on the staffroom fridge. As Sue came over Bruce looked her up and down, and then looked at the calendar, and, confident he could humiliate Sue, said in a loud voice so that everyone could hear, “Too bad we don’t have any real chicks working here like the ones in the calendar. All we have is these scrawny little girls who appear to have nothing to offer real men!” As he finished Bruce grabbed Sue on the bottom. All the other people in the staff room laughed as Sue, embarrassed, ran out of the staff room.
Advise Sue if she has an action against Bruce and/or X-Pest Pty Ltd under the Queensland Anti-Discrimination Act 1991 (Qld). Use case law (if relevant) to assist in your advice. Sue is concerned that no action can be taken because it is the first and only time this has happened to her.
Use the ILAC method to answer the question.
Answer:
Issue: * Can Sue start an action against Bruce and/or X-Pest Pty Ltd for sexual harassment?
Laws:
* S118: Sexual Harassment * S119: Meaning of sexual harassment (a, c, d) * S133: Vicarious liability(替代责任) and defense of reasonable steps. * Bennett v. Everitt (1988): sexual harassment * Howard v. Geradin Pty Ltd (2004): sexual harassment vicarious liability.
Applications:
* In regard to s118 states that a person must not sexually harasses another person.
In this case, Burce’s action was kind of a sexual harassment when he humiliated Sue in the staff lunchroom. * According to s119 points out that sexual harassment happens if a person:
Question 1: [Sexsual harassment]
Sue works for a company called X-Pest Pty Ltd. One day Sue walked into the lunchroom of the business. In the lunchroom was a number of male and female staff that were looking at the latest Queensland Netball Team calendar called “Chicks of Netball”. The players in the calendar were semi-naked. As Sue walked into the room, Bruce, who knew Sue was very shy around men, was pinning up Miss October on the staffroom fridge. As Sue came over Bruce looked her up and down, and then looked at the calendar, and, confident he could humiliate Sue, said in a loud voice so that everyone could hear, “Too bad we don’t have any real chicks working here like the ones in the calendar. All we have is these scrawny little girls who appear to have nothing to offer real men!” As he finished Bruce grabbed Sue on the bottom. All the other people in the staff room laughed as Sue, embarrassed, ran out of the staff room.
Advise Sue if she has an action against Bruce and/or X-Pest Pty Ltd under the Queensland Anti-Discrimination Act 1991 (Qld). Use case law (if relevant) to assist in your advice. Sue is concerned that no action can be taken because it is the first and only time this has happened to her.
Use the ILAC method to answer the question.
Answer:
Issue: * Can Sue start an action against Bruce and/or X-Pest Pty Ltd for sexual harassment?
Laws:
* S118: Sexual Harassment * S119: Meaning of sexual harassment (a, c, d) * S133: Vicarious liability(替代责任) and defense of reasonable steps. * Bennett v. Everitt (1988): sexual harassment * Howard v. Geradin Pty Ltd (2004): sexual harassment vicarious liability.
Applications:
* In regard to s118 states that a person must not sexually harasses another person.
In this case, Burce’s action was kind of a sexual harassment when he humiliated Sue in the staff lunchroom. * According to s119 points out that sexual harassment happens if a person: