Policy and Procedures on Sexual Harassment
4. Sexual harassment in employment2
4.1 Under the provision of Section 23 of the SDO, various forms of sexual harassment in the field of employment are unlawful. This shall be applicable to all staff members of the University, contract workers, commission agent or any person who is seeking to be employed by the University. Under the SDO, sexual harassment in employment includes but not limited to the following situations:
4.1.1 sexually harassing a person who is employed or seeking to be employed either by the employer or by someone else within the same organization;
4.1.2 sexually harassing a contract worker or a commission agent;
4.1.3 sexually harassing a fellow contract worker or a fellow commission agent;
4.1.4 sexually harassing an employer or potential employer;
4.1.5 sexually harassing a person who is a partner or is seeking partnership and is applicable to persons proposing to form themselves into a partnership;
4.1.6 sexually harassing a person whose employment requires him or her to carry out his or her duties in any premises where the harasser is a person residing in the premises;
4.1.7 sexually harassing a person who is seeking to be, or is a member of, an organisation of workers or employers or professionals;
4.1.8 sexually harassing a person seeking an authorization or qualification which is needed for a particular profession or trade;
4.1.9 sexually harassing a person seeking or undergoing training which would help the person to fit for employment; and
4.1.10 sexually harassing a person in relation to services offered by an employment agency.
4.2 A series of incidents may constitute sexual harassment. However, depending on the circumstances, it is not necessary for there to be a series of incidents. One incident is sufficient to constitute sexual harassment.
4.3 On the other hand, an employee may be the victim of a hostile work environment where he or she is harassed in a pattern of incidents that may not be, in and of themselves, offensive, but when considered together amount to harassment.
2 Quoted from Section 6 of the Code of Practice on Employment Under the Sex Discrimination Ordinance.