New Zealand’s Director of Human Rights Proceedings, Michael Timmins, announced Sunday that the parties to a sexual harassment proceeding have reached a settlement recognizing the right of all workers to a workplace that is free from sexual harassment.
Although most details of the settlement are confidential, Timmins said in a press release that a female sex worker filed against a business owner in the Human Rights Review Tribunal (the Tribunal) alleging sexual harassment. The Office of Human Rights Proceedings represented her. As per the terms of the settlement, the sex worker will be paid a six-figure sum as compensation for the emotional harm she suffered and lost earnings she incurred.
Timmins highlighted the importance of the settlement, commenting:
The settlement of this matter serves as an important reminder to businesses across the country that under the Human Rights Act 1993 all workers, regardless of the type of work they do, have the right to freedom from sexual harassment in the workplace. We encourage all business owners and employers to ensure that they understand and respect those rights.
The settlement follows two important legal events. First, New Zealand’s decriminalization of sex work in 2003. The Prostitution Reform Act 2003 was passed with part of its purpose being to “[safeguard] the human rights of sex workers and [protect] them from exploitation.” Second, as the press release draws attention to, the case of DML v Montgomery in the Tribunal. The case established that section 62 of the Human Rights Act 1993, a provision prohibiting sexual harassment in workplace and other contexts, protects sex workers from sexual harassment. About the case, the press release noted that “[s]ex workers work in an environment where there will be some sexual language/[behavior]. However, there is a difference between sexual language/[behavior] with a legitimate work purpose, and sexual language/[behavior] that is unwelcome or offensive to the individual, and a breach of section 62 of the Human Rights Act.”
The Tribunal can award monetary sums up to the value of NZD$350,000.
