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Definitions of Discrimination, Harassment, Bullying and ..., Study notes of Religion

it is unacceptable, unwarranted and unwelcome. 3. Victimisation. Victimisation is defined as treating people less favourably because of action they have.

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Definitions of Discrimination, Harassment, Bullying and Victimisation
including examples of unacceptable behaviours.
This document sets out key definitions of discrimination, harassment, bullying and
victimisation. It also outlines some of the different ways in which discrimination can occur,
Further information about discrimination is found on the Equality and Humn Rights
Commision website (see: https://www.equalityhumanrights.com/en/advice-and-
guidance/what-discrimination).
Discrimination
Discrimination is less favourable treatment which is unlawful and which is not objectively
justified. It applies in employment and in the provision of goods and services.
It can be direct (e.g. a rule or a condition that, when applied, affects a whole group of
people and which cannot be objectively justified. For example, a job advert that
states, No women or No Black or Irish people.)
It can be indirect (e.g. a rule or a condition that, when applied, can affect a relatively
smaller group of people, but which is still discriminatory. For example, a job advert that
said that men had to be clean-shaven in order to be considered for an employment
opportunity. This could affect Sikh men whom, on account of their religious traditions,
are not permitted to shave their beards.)
It can arise form a protected characteristic (see Section 1: Harassment below)
Discriminatory behaviour can take many different forms. Below are definitions and examples
of how discrimination can be manifested.
1.
Harassment
Unwanted conduct related to a relevant protected characteristic that has the purpose or effect
of creating an intimidating, hostile, degrading, humiliating or offensive environment for the
complainant or violating the complainant’s dignity.
It may be intentional bullying which is obvious or violent, but it can also be unintentional or
subtle and insidious. It may involve nicknames, teasing, name calling or other behaviour which
may not be intended to be malicious but nevertheless is upsetting.
Harassment can be based on an actual or perceived protected characteristic that an individual
may have under the Equality Act 2010 this includes:
Age
Disability
Gender reassignment (transgender)
Marriage & Civil partnership
Pregnancy, Maternity and Paternity
Race
Religion or belief (including no belief)
Sex (Gender Identity)
Sexual Orientation
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Definitions of Discrimination, Harassment, Bullying and Victimisation

including examples of unacceptable behaviours.

This document sets out key definitions of discrimination, harassment, bullying and victimisation. It also outlines some of the different ways in which discrimination can occur, Further information about discrimination is found on the Equality and Humn Rights Commision website (see: https://www.equalityhumanrights.com/en/advice-and- guidance/what-discrimination). Discrimination Discrimination is less favourable treatment which is unlawful and which is not objectively justified. It applies in employment and in the provision of goods and services.  It can be direct (e.g. a rule or a condition that, when applied, affects a whole group of people and which cannot be objectively justified. For example, a job advert that states, ‘No women’ or ‘No Black or Irish people.’)  It can be indirect (e.g. a rule or a condition that, when applied, can affect a relatively smaller group of people, but which is still discriminatory. For example, a job advert that said that men had to be clean-shaven in order to be considered for an employment opportunity. This could affect Sikh men whom, on account of their religious traditions, are not permitted to shave their beards.)  It can arise form a protected characteristic (see ‘Section 1: Harassment’ below) Discriminatory behaviour can take many different forms. Below are definitions and examples of how discrimination can be manifested.

  1. Harassment Unwanted conduct related to a relevant protected characteristic that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or violating the complainant’s dignity. It may be intentional bullying which is obvious or violent, but it can also be unintentional or subtle and insidious. It may involve nicknames, teasing, name calling or other behaviour which may not be intended to be malicious but nevertheless is upsetting. Harassment can be based on an actual or perceived protected characteristic that an individual may have under the Equality Act 2010 this includes:  Age  Disability  Gender reassignment (transgender)  Marriage & Civil partnership  Pregnancy, Maternity and Paternity  Race  Religion or belief (including no belief)  Sex (Gender Identity)  Sexual Orientation

Harassment may not be targeted at an individual or individuals but consist of a general culture which, for instance, appears to tolerate the telling of racist or sexist jokes. A more detailed list of examples of harassment relating to protected characteristics can be found in the section headed Unacceptable Behaviours.

2. Bullying 2.1 Bullying can be defined as intimidation on a regular and persistent basis or as a one off, which serves to undermine the competence, effectiveness, confidence and integrity of the person on the receiving end. Bullying and harassment may be by an individual against an individual or involve groups of people. Examples include but are not limited to:

  • Psychological intimidation, humiliation, excessive and/or unreasonable criticism or fault- finding
  • Preventing an individual progressing by deliberately blocking opportunities
  • Unfair allocation of work and responsibilities or setting unreasonable goals or targets in work or study
  • Asserting a position of intellectual superiority in an aggressive, abusive or offensive manner whether orally or in writing, publicly or in private. 2.2 Upwards Bullying: This is where a junior person is considered to be bullying a more senior person, such as member of staff bullying their line manager, or a student bullying a member of staff such as:
  • Attempting to undermine a manager in front of his/her team through public criticism.
  • Ongoing disruptive behaviour such as during class/ team meetings.
  • Hostile or aggressive communication style. 2.3 For the purposes of this policy, both bullying and harassment are used interchangeably and are not necessarily the same. They may occur in written or face to face communications, electronic communication or by phone. Whatever form it takes, it is unacceptable, unwarranted and unwelcome. 3. Victimisation Victimisation is defined as treating people less favourably because of action they have taken (or are suspected to have taken) under or in connection with legislation on bullying, harassment or discrimination — for example, if someone made a formal complaint of discrimination or gave evidence in a tribunal case. Victimisation will be treated as a form of harassment under this policy.

behaviour. If alleged cyber bullying or harassment is reported it will be dealt with in accordance with this Policy and may lead to disciplinary action in the same way as incidents that take place in a face-to-face setting. 6.4 Colleagues and students should ensure they comply with the university’s Regulations governing the use of university Computing Facilities http://www.its.qmul.ac.uk/governance/policies/index.html.

7. Examples of Unacceptable Behaviour The list of examples is not exhaustive but, provide an overview to assist understanding of what may be found offensive whether intentional or not. 7.1 Harassment on Grounds of Age Ageism can affect anybody, regardless of their age. Harassment on grounds of age may include: Non-Verbal

  • Exclusion from normal work place conversation or activities
  • Denying training/development/promotion opportunities due to age
  • Sending emails or displaying material containing ageist content
  • Making assumptions regarding an individual's inability to learn Verbal - making patronising comments Physical - setting unrealistic challenges

7.2 Harassment on the grounds of Disability Otherwise known as ableism, this form of harassment is based on the individual(s) having a physical or sensory impairment, learning difficulties or experiencing mental health issues. The behaviour results in the individual(s) feeling threatened or compromised. It may include: Non-Verbal

  • Making inappropriate gestures or mimicking behaviour
  • Refusing to make reasonable adjustments
  • Exclusion from normal work place conversation or activities
  • Holding events at inaccessible venues
  • Denying training/development/promotion opportunities because of the need to act as a carer for a disabled person i.e. having a family member, partner or child with a disability
  • Sending emails or displaying material containing offensive content relating to disabled people
  • Making assumptions about someone’s abilities based purely on their disability or perceptions about their disability Verbal
  • Making fun of an impairment
  • Mimicking speech impairment
  • Inappropriate personal questioning relating to disability Physical
  • Unwanted touching, groping or the invasion of personal space (getting too close)
  • Inappropriate practical jokes 7.3 Harassment on the grounds of Gender Reassignment Relates to behaviour including derogatory remarks, ridicule, jokes or stereotypes of any individual’s perceived or actual gender reassignment or through association with someone who has undertaken gender reassignment. Non-Verbal
  • Refusing to treat a person as their new gender once the reassignment process is complete
  • Refusing access to appropriate toilets and changing facilities which reflect their acquired gender
  • Exclusion from workplace conversations or activities
  • Making assumption about lifestyle/interests
  • Sending emails or displaying material containing offensive content
  • Making assumptions based on grounds of gender identity Verbal
  • Disclosing the person’s gender identity to others
  • Making inappropriate comments about the person’s lifestyle choice
  • Intrusive personal questions relating to a person’s gender identity and gender reassignment
  • Unwanted comments on dress and appearance

colour. This pertains to any action which results in the individual(s) feeling threatened or compromised Non-Verbal

  • Exclusion from normal work place conversation or activities
  • Inappropriate gestures
  • Sending emails or displaying material containing racist content
  • Making inappropriate assumptions based on ethnicity, nationality or colour
  • Making assumption about lifestyle/interests Verbal
  • Using inappropriate terms when referring to race (including ethnicity, nationality and colour)
  • Using derogatory nicknames
  • Making racist comments or jokes
  • Stereotyping
  • Mimicking someone’s accent Physical
  • Inappropriate physical contact 7.7 Harassment on Grounds of Religion or Belief This is harassment on grounds of religion, religious belief or other similar philosophical belief (or lack of). It may include behaviour which fails to tolerate or acknowledge the rights or needs of individuals with different and dedicated religious convictions, beliefs and practices. Islamophobia and antisemitism are two examples that may be experienced through:
  • offensive jokes;
  • ridicule or name-calling;
  • display of or circulation of offensive written or visual materials;
  • derogatory comments;
  • intrusive questioning about a person's beliefs;
  • incitement of others to commit any such acts. 7.8 Harassment on the grounds of Sex Sexual harassment is any harassing conduct based on the gender, gender identity or sexuality of the recipient. It relates to any individual’s perceived or actual gender, gender identity or through association with individuals of a particularly gender, gender identity or sexuality. It includes behaviour which results in the individual feeling threatened or compromised. Sexual harassment can be experienced by women and men. Transgender people may also experience sexual harassment based on perceptions or assumptions about them in relation to their appearance or sexuality Non-Verbal
  • Unnecessarily requiring individuals to work full-time or insisting on colleagues working long hours. This may disadvantage more women than men as women are more likely to have primary responsibility for childcare so cannot work full-time or long hours.
  • Exclusion from normal work place conversation or activities
  • Inappropriate gestures, suggestive looks or unwelcome sexual advances
  • Sending emails or displaying material containing sexist content

Physical

  • Inappropriate physical contact 7.9 Harassment on the basis of Sexual Orientation Relates to behaviour which condemns or ridicules people because of their perceived or actual sexuality or through association with someone of a particular sexual orientation. This could include derogatory remarks, jokes, graffiti which results in the individual feeling uncomfortable, excluded, threatened or compromised. Non-Verbal
  • Inadvertently or deliberately excluding same-sex partners from social events.
  • Making assumptions based on sexuality
  • Sending emails or displaying material containing offensive content Verbal
  • Using inappropriate terms
  • Using derogatory nicknames
  • Inappropriate personal questioning relating to sexual orientation or domestic circumstances
  • Stereotyping
  • Actual or threatened unwanted disclosure of sexuality
  • Unwanted comments on dress and appearance Physical
  • Unwanted touching, groping or the invasion of personal space (getting too close)