Sexual harassment first emerged in case law under Irish equality law in the mid eighties. Yet it remains a major issue for the Equality Authority as we implement the Employment Equality Act 1998. Gender cases accounted for more than half of our casework under the Employment Equality Act last year. One in six of these cases related to sexual harassment.

In highlighting the scale of the problem in this way, it is important to note that most sexual harassment incidents do not turn into cases as they are resolved at the level of the enterprise. Equally it is important to acknowledge that there is likely to be under-reporting of sexual harassment.

If sexual harassment is trivialised in debate it becomes harder to raise it as the serious issue it is. The nature of the debate can end up trivialising the experience which prevents an effective challenge to sexual harassment. Likewise the power relations that underpin sexual harassment can make it difficult for people to challenge their experience.

Fears of victimisation and even self blame can prevent people reporting incidents. It is this context that makes proactive initiatives to prevent and eliminate sexual harassment so important.

The Employment Equality Act serves us well in this regard. It defines sexual harassment for the first time in Irish law. It is defined in terms of acts of physical intimacy, of requests for sexual favours, and of any other act or conduct, including the use of words, gestures pictures or written material that is unwelcome and that could reasonably be regarded as sexually, or otherwise on the gender ground, offensive, humiliating or intimidating. Thus a subjective and an objective test is set. The person must find the conduct unwelcome. An objective observer must find the conduct offensive, humiliating or intimidating.

Sexual harassment cases can be heard in the Office of the Director of Equality Investigations or in the Circuit Court. The Act provides for compensation of up to two years' salary for cases heard by the ODEI. The normal Circuit Court limits do not apply to gender cases adjudicated by that court. This underpins a strong business case to prevent sexual harassment. Redress is expensive. A workplace characterised by harassment is unhappy, unproductive and subject to constant turnover of staff.

If a person experiences sexual harassment they should, if possible, make it clear that the behaviour is unwelcome. They should also keep records of what is happening. The matter should be reported to management. Advice can be sought from the person's trade union or from the Equality Authority.

Many complaints of sexual harassment are resolved in this way. In other situations recourse to law is found to be necessary and a case is taken under the Employment Equality Act. The case is taken against the employer as the Act places an onus on the employer to take measures that are reasonably practicable to prevent sexual harassment occurring.

This underpins a proactive and preventative approach which is so important and yet which can often be absent. Employers need to have a clear policy on sexual harassment in place. Clear, fair and effective procedures need to be established for dealing with any complaints. Managers, employees and customers need to be aware of this policy and its approach. A workplace culture that does not tolerate sexual harassment needs to be established.

This is a challenge that is taken seriously by the social partners. The business and trade union pillars to social partnership are working closely with the Equality Authority to stimulate and support this preventative approach.

The Equality Authority is working with ICTU and IBEC to develop a code of practice in this area. The Code will set out legal obligations and establish a range of workplace practices through which these obligations can be met. The Code will have a legal status in that it can be used as evidence in a case.

The Equality Authority is also working with IBEC and ICTU within an Equal Opportunities Framework Committee established under the Programme for Prosperity and Fairness. The work of this committee will include support for practical workplace initiatives in relation to preventing sexual harassment once the Code of Practice is complete.

Niall Crowley is chief executive of the Equality Authority