Lost in Translation: Gaps Between Law and Practice in Customer-Perpetrated Sexual Harassment

Hannah Walker, Patricia Easteal, Allison Ballard and Karen Blake (2019) ‘Lost in translation: Gaps between law and practice in customer-perpetrated sexual harassment’ Alternative Law Journal DOI: 10.1177/1037969X18803211

14 Pages Posted: 28 Mar 2019

See all articles by Hannah Walker

Hannah Walker

Independent

Patricia L. Easteal

University of Canberra - School of Law and Justice

Allison J. Ballard

University of Canberra - School of Law

Karen Blake

Independent

Date Written: March 5, 2019

Abstract

In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers may be legally responsible for sexual harassment perpetrated by customers if they have not proactively sought to minimise or prevent harm. We conclude that customer-perpetrated sexual harassment needs to be urgently recognised as unacceptable conduct and urge employers to play a key role in combating the phenomenon.

Keywords: access to the law, discrimination, employment rights, harassment, liability, sexual harassment, work health and safety

JEL Classification: K39, K49, K31

Suggested Citation

Walker, Hannah and Easteal, Patricia L. and Ballard, Allison J. and Blake, Karen, Lost in Translation: Gaps Between Law and Practice in Customer-Perpetrated Sexual Harassment (March 5, 2019). Hannah Walker, Patricia Easteal, Allison Ballard and Karen Blake (2019) ‘Lost in translation: Gaps between law and practice in customer-perpetrated sexual harassment’ Alternative Law Journal DOI: 10.1177/1037969X18803211. Available at SSRN: https://ssrn.com/abstract=3347391 or http://dx.doi.org/10.2139/ssrn.3347391

Hannah Walker

Independent

No Address Available

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

Allison J. Ballard

University of Canberra - School of Law ( email )

Australia

Karen Blake

Independent

No Address Available

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