england-and-wales legal-terms discrimination definition harassment
Does this definition of harassment have any legal basis?
<p>Does the following definition of harassment have any legal basis?</p>
<p>The gym’s <a href="https://Do%20these%20definitions%20have%20any%20legal%20basis?" rel="nofollow noreferrer">dignity and inclusion policy</a> states:</p>
<blockquote>
<p>“Harassment is a form of unlawful discrimination. It is unwanted conduct related to a protected characteristic which includes sex, gender reassignment (or transgender status), race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief, marriage and civil partnership, pregnancy or maternity and age.
This unwanted conduct either has the purpose of, or is reasonably considered by the person on the receiving end to have the effect of violating their dignity or otherwise creating an intimidating, hostile, degrading, humiliating or offensive environment.”</p>
</blockquote>
<p>Is this definition consistent with the legal definition of harassment, and what is the basis in law?</p>

<p>Almost. Under <a href="https://www.legislation.gov.uk/ukpga/2010/15/section/26?timeline=false" rel="nofollow noreferrer">section 26</a> Equity Act 2010, the offence of harassment does not include discrimination based on &quot;<em>marriage and civil partnership, pregnancy or maternity</em>&quot;:</p>
<blockquote>
<p><strong>Harassment</strong></p>
<p>(1)A person (A) harasses another (B) if—</p>
<ul>
<li><p>(a)A engages in unwanted conduct related to a relevant protected characteristic, and</p>
</li>
<li><p>(b)the conduct has the purpose or effect of—</p>
</li>
</ul>
<blockquote>
<p>(i)violating B's dignity, or</p>
<p>(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.</p>
</blockquote>
<p>(2)A also harasses B if—</p>
<ul>
<li><p>(a)A engages in unwanted conduct of a sexual nature, and</p>
</li>
<li><p>(b)the conduct has the purpose or effect referred to in subsection (1)(b).</p>
</li>
</ul>
<p>(3)A also harasses B if—</p>
<ul>
<li><p>(a)A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,</p>
</li>
<li><p>(b)the conduct has the purpose or effect referred to in subsection (1)(b), and</p>
</li>
<li><p>(c)because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.</p>
</li>
</ul>
<p>(4)In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—</p>
<ul>
<li><p>(a)the perception of B;</p>
</li>
<li><p>(b)the other circumstances of the case;</p>
</li>
<li><p>(c)whether it is reasonable for the conduct to have that effect.</p>
</li>
</ul>
<p>(5)<strong>The relevant protected characteristics are—</strong></p>
<p><strong>age;</strong></p>
<p><strong>disability;</strong></p>
<p><strong>gender reassignment;</strong></p>
<p><strong>race;</strong></p>
<p><strong>religion or belief;</strong></p>
<p><strong>sex;</strong></p>
<p><strong>sexual orientation.</strong></p>
</blockquote>
<p>However...</p>
<p>There is also the  Protection from Harassment Act 1997 which, at <a href="https://www.legislation.gov.uk/ukpga/1997/40/section/1?timeline=false" rel="nofollow noreferrer">section 1</a> and <a href="https://www.legislation.gov.uk/ukpga/1997/40/section/2?timeline=false" rel="nofollow noreferrer">section 2</a> creates the offence without a requirement to show any discrimination based on protected characteristics.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>Harassment is a form of discrimination prohibited by the <a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01" rel="nofollow noreferrer">B.C. Human Rights Code</a>. See British Columbia, &quot;<a href="https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/human-rights/human-rights-protection/what-you-need-to-know.pdf" rel="nofollow noreferrer">Human Rights in British Columbia: What You Need to Know</a>&quot;:</p>
<blockquote>
<p>Harassment is a form of discrimination. It can be words or actions that
ofend or humiliate you. It is harassment when someone repeatedly says
or does things to you that are insulting and offensive. The Code protects
you when harassment is based on a protected characteristic listed under
“How am I protected”. There are many types of harassment.</p>
</blockquote>
<p>See also <em>Oger v. Whatcott (No. 7)</em>, <a href="https://canlii.ca/t/hzdgk#par52" rel="nofollow noreferrer">2019 BCHRT 58, para. 52</a> (citations omitted):</p>
<blockquote>
<p>speech which adversely impacts a person in connection with a characteri[s]tic protected by the Code is prohibited in all the social areas which the Code regulates. Sexual and racial harassment are the most obvious examples of this. Whenever people use words in a way that substantively attacks and undermines a person's dignity in connection with their work, housing, or access to public services, because of personal characteristics protected by the Code, they run afoul of human rights law.</p>
</blockquote>
