Judical Remedies for Sexual Harassment and Its Limit

Equal Opportunities in the Employment (Amendment) Act of 2006 has introduced the employers' compulsory obligation to prevent sexual harassment and has reinforced the employers' liability for taking measures against sexual harassment in the workplace. Recently some court cases charging sexual harassment as sexual violence have appeared. These cases of rape in the workplace try defendants from the viewpoint of psychological studies, using such concepts as rape-trauma syndrome. These trends, however, are not very stable, so the risks are great for those victims who make their case for sexual harassment through this approach. This paper will analyze the reasons for the “shaking” of judicial decisions from the viewpoint of gender law and will discuss the issues needed to understand Sexual Harassment Law