ONE large US based firm has "banned consensual sexual relationships between employees", according to an Irish legal expert. And at least one Irish firm has cancelled its annual Christmas party because of a fear that it would be sued for the consequences of any "high spirits".
Ms Marguerite Bolger, a barrister specialising in employment and sexual harassment law, said new legislation did not oblige companies to have a policy document on sexual harassment, as in, safety legislation.
"But in the event you don't, have one and a case is taken against you, then you're in big trouble."
She said lawyers were becoming more involved in cases involving sexual harassment allegations, even at the pre court stage. The Labour Court had shown a willingness to view sexual harassment from the viewpoint of the alleged victim.
Most cases centred on a "hostile environment" situation, she said. The other type of case was a quid pro quo situation where sexual favours were demanded by a superior. This was more rare.
"The intention of the harasser is largely irrelevant. What renders conduct as sexual harassment is the effect it has on the victim".
In 1988 a woman manager succeeded in her action against a company after two male colleagues "rearranged her room in a sexually suggestive manner" while on an company weekend trip. "The employers said they had no control over its employees but the Labour Court dismissed that argument."
The Irish Business and Employers Confederation (IBEC) equality executive, Mr Peter Flood, said 97 per cent of Irish companies employed fewer than 50 people. Managers and supervisors tended to "freeze" when faced with sexual harassment allegations, hoping they would go away. The major problem was a lack of training in how to deal with such allegations.