Employee Awarded €5,000 for Harassment After Being “Outed” at Work, But Victimisation Claim Fails

Facts: The Complainant is employed by the Respondent in a creche. She submitted a complaint under the Employment Equality Acts (the “Acts”), claiming that she was harassed on the grounds of sexual orientation and victimised as a result of making a complaint about the harassment.

She referred to an incident in which she was “outed” unwillingly in work by a colleague who questioned her inappropriately around whether or not she had a boyfriend and about her interest in men.

The Complainant claimed that this amounted to harassment which the Respondent failed to deal with adequately. She also claimed that she was subsequently victimised for making a complaint in relation to the harassment. This alleged victimisation consisted of her being moved to a different room in the creche and having  her hours of work reduced.

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