Split views over sex bias claim
6 Oct 05
Lawyer's claim that high shelves equal harassment sparks argument
An employment lawyer set off a debate yesterday by claiming that employers who store essential files and supplies on high shelves could be guilty of sexual harassment.
Louise Spark of Ledingham Chalmers pointed out that under the Employment Equality (Sex Discrimination) Regulations 2005, which came into force at the beginning of the month, an employee needs only to prove that they have suffered discrimination in a way that relates to their sex.
While this might be targeted at sexual harassment through unwanted verbal or physical conduct, she said, because more men were taller than women the issue of high shelves could arise "in relation to" sex if only tall people were able to reach them.
However the employees' body the TUC cast doubt on this view. In its opinion the law was directed against inappropriate remarks and behaviour and it was "utter nonsense" to suggest that the regulations required employers to lower their shelves.