Two Women Succeed in Challenge To Sex Harassment at Work 

The Equality Commission has announced settlements in two sexual harassment cases brought by women working in what have traditionally been seen as male occupations.

Coach driver Julie Rutherford, of Magherafelt, brought a case alleging sexual harassment against her former employers, Chambers Coach Hire, who settled the case for £22,500.

Majella Gallen from Coleraine, a manager in a used car business, alleged harassment and less favourable treatment on the grounds of sex and religious belief against her employer, JKC Specialist Cars of Coleraine, which settled the case without an admission of liability and paid Ms. Gallen £15,000.

In both cases the companies have undertaken to meet with the Equality Commission to review their policies, practices and procedures and ensure that they conform to the requirements of equality law.

Announcing the cases on March 8^th International Women’s Day, Evelyn Collins, CBE, Chief Executive of the Equality Commission, said, "While sex discrimination is unfortunately not a thing of the past in Northern Ireland, these cases show that women are increasingly involved in all areas of the workforce, including many previously the preserve of men. Importantly they also show that, if they are faced with outdated attitudes and unacceptable behaviour, this can and will be challenged."

Ms Rutherford, aged 32, was employed as a coach driver by Chambers Coach Hire for more than six years, until December 2008. She claimed the alleged sexual harassment began in September 2008 and took the form of unwanted comments of a sexual nature, and inappropriate and unwanted physical contact. Ms Rutherford says that management failed to act to protect her and further failed to handle her grievance correctly.

Now also qualified to drive lorries, Julie Rutherford is working as a lorry and coach driver.  "I love this job and am happy working in my new posts and with my male colleagues," she says. "I found the time when these incidents were happening really tough and I am pleased that this has now been resolved. No-one should have to put up with treatment like this and, hopefully, as a result of this case, there will be less of it."

Majella Gallen, aged 28, also claimed that she was subject to unwanted physical contact and to remarks of a religious as well as a sexual nature, and to less favourable treatment in the allocation of a company car. She said, "I felt ostracised after raising my complaints with management.  I’m thankful for the Commission’s assistance and that the motor industry, where women are still in the minority, is being made aware that equality law applies to them as well. I hope my case will stop this from happening to others and will be a source of hope for other women experiencing similar types of harassment."

Evelyn CollinsCBE says, "A lot has changed since the Sex Discrimination (NI) Order 1976 came into force.  However it is clear that blatant sex discrimination still happens and still needs to be challenged. Majella Gallen says she was told that she would have to get used to this type of harassment as it was an industrial environment. Julie Rutherford says she was repeatedly humiliated in front of colleagues and laughed at. There is nothing subtle about the discrimination they faced, and many people will be shocked that this sort of behaviour towards women persists."

"On International Women’s Day, we are thinking not just of the basic human rights denied to women in some other countries, but of the barriers still facing some women in the workplace here at home.  These cases show that, for some people, assumptions about what is ‘women’s work’ and what is ‘man’s work’ still persist. The Equality Commission’s message on this is clear – women have the right, the support of the law and the ability to move into non-traditional areas of work. Employers and other employees must understand and accept that."

• In the year ended 28 February 2010, the Equality Commission for Northern Ireland had 748 enquiries about gender discrimination.
• Around 31% of the newly supported cases last year were gender-related, our second largest ground for complaint in that year.
• Of these, 711 (95.05%) were to do with employment or the workplace.
• 82 of last year’s gender discrimination enquiries involved some form of harassment.
  
  Photo above is of Majella Gallen