There is a sharp focus on the use of non-disclosure agreements NDAs in cases of alleged harassment or discrimination, and a government consultation on the issue is expected in Settlement Agreements and NDAs are often referred to interchangeably and in many cases they do mean the same thing, however it is useful to understand the differences. A Settlement Agreement is the overarching term for a formal legal agreement whereby an individual receives generally a sum of money in consideration for agreeing not to bring any claims against their employer. The agreement is only enforceable if the individual has received independent advice on the agreement. Most settlement agreements, but not all, will have confidentiality provisions. If it does contain such provisions it is often referred to as an NDA.
A Code of Ethics on Sexual Harassment: Guidelines of the | OAH
Sexual harassment constitutes acts such unwelcome sexual advances which affects an individual's employment. The U. Equal Employment Opportunity Commission reports that in the financial year , the agency received sexual harassment charges totaling to 13, The ethical implications of sexual harassment are concerned with questions of what is acceptable and unacceptable within the workplace from the perspective of both women and men.
Ethical Implications of Sexual Harassment in the Workplace
Journal of Business Ethics. Sexual harassment is a problem for many organizations. Organizations must understand that sexual harassment lies within the broader context of sex discrimination and inequality of opportunity in the workplace.
Sexual harassment in employment is unlawful under the Sex Discrimination Act Cth. Whether the behaviour is unwelcome is a subjective test : how the conduct in question was perceived and experienced by the recipient rather than the intention behind it. Whether the behaviour was offensive, humiliating or intimidating is an objective test : whether a reasonable person would have anticipated that the behaviour would have this effect. Sexual harassment in the workplace can take various forms. It can involve unwelcome touching, hugging or kissing; suggestive comments or jokes; unwanted invitations to go out on dates or requests for sex; insults based on your sex or sexually explicit emails or SMS messages.