Sexually Harassed Builder Wins €50k

A builder who was sexually harassed while working for an Irish construction firm has been awarded almost €50k at an industrial tribunal.

The man worked for the building company - which has not been identified - between June 1996 and April 2006.

Legal action was taken over the allegations under the Employment Equality Act, and the case heard by the Equality Tribunal.

Claiming he had been sexually harassed, the man said his employer had "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," according to Equality Officer Bernadette Treanor.

A site foreman took written statements of a complaint made in 2000 and 2001, and also questioned the alleged harasser.

Ms Treanor's report said: "The only result of the complaint was that [he] was moved to another site. The complainant is satisfied that as a result of that early incident, his employers were aware of his sexual orientation."


Another incident occurred in May 2005, involving workers for another contractor. The claimant complained to their foreman, and the men later apologised.

"After these complaints which the complainant perceived as sexual harassment, incidents continued to take place," the report said.

Later that month, the man was approached by his own foreman, who asked him what was going on.

This discussion was followed-up with an on-site meeting between the man, his foreman and a company director.

He was not told it was part of an investigation or that he could have someone with him at the meeting.

At the meeting, the man mentioned he had suffered earlier suicidal thoughts because of the incidents.

The firm decided the man could no longer work at heights and was asked to visit the firm's doctor, as well as a psychologist.

The following November the man was placed on compulsory sick leave, which ran through until May 2006, when the company made him redundant.

The firm said it was made aware in 2005 of "serious allegations of harassment by the complainant".

An investigation was launched, after the firm had sought advice from the Construction Industry Federation.

Both the worker and alleged harassers were interviewed.

The firm's director said he was "genuinely alarmed" about the worker's reference to suicidal thoughts.

According to the firm, the decision to put the man on sick leave was based on the views expressed by its psychologist.

The man was later deemed well enough to return to work, but at this stage there was less buildings jobs.

He, along with 35 co-workers, 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.

(PR/JM)