A CONSTRUCTION worker who was sexually harassed has been awarded a total of €49,700 by the Equality Tribunal. The worker took a case under the Employment Equality Act against his former employer - "a construction company" - for whom he worked from June 1996 until April 2006.
He said he was sexually harassed and that the company "treated him in a discriminatory manner and victimised him when it changed his conditions of employment, placed him on sick leave and ultimately made him redundant," said equality officer Bernadette Treanor in her report.
In 2000 and 2001, he complained about sexual harassment to his foreman, who took written statements from him and the alleged harasser.
"The only result of the complaint was that [he] was moved to another site. The complainant is satisfied that as as result of that early incident, his employers were aware of his sexual orientation," the report states.
There were further incidents in May 2005, involving a number of workers for another contractor and he complained to their foreman. The men later approached him and apologised. "After these complaints which the complainant perceived as sexual harassment, incidents continued to take place," the report adds.
Later in May 2005, his own foreman asked him what was going on. A few days later, the company director arrived on site to talk to him with the foreman. He was not told it was part of an investigation or that he could have someone with him at the meeting. At the meeting, he mentioned earlier suicidal thoughts that arose because of the incidents.
The next day, he was told he was no longer to work at heights and he was asked to see the company doctor and later a psychologist. In November 2005, he was put on compulsory sick leave, which continued until May 2006 when he was made redundant. The firm said it was made aware in 2005 of "serious allegations of harassment by the complainant".
Advice was sought from the Construction Industry Federation and an investigation started. The worker and alleged harassers were interviewed. The firm's director was "genuinely alarmed" about the worker's statement about suicidal thoughts.
The firm said its decision to put him on sick leave was due to a recommendation from their psychologist that he should not continue working. It was later recommended that he return to work, but there was less work available. Along with 35 other employees, he was made redundant.
Ms Treanor said she was satisfied the worker had established a prima facie case of sexual harassment. "The incidents described were of a very serious and offensive nature."
She awarded the man €14,700 for loss of earnings, €10,000 for the distress and effects of the harassment and €25,000 for the distress caused by the victimisation.
