... courts established in the case of Strathclyde Regional Council v Porcelli ( 1986) IRLR 134 that acts of sexual and racial harassment committed at work are capable of constituting ` direct discrimnation` under the SDA and RRA. Liability for discrimantion can only be fixed on employers where such discrimation can be based on one of the grounds made expressly unlawful. The SDA, RRA and DDA cover areas such as recruitment, dismissal, job-related benefits and `any other detriment in this regard. In the Porcelli case the court of session accepted that less favourable treatment, in the form of sexual harassment, came within the meaning of detriment. The Court of Appeal held in De Souza v Automobile Association (1986) ICR 514 that , although racial abuse can amount to racial discrimanation, any resulting detriment lies in the `effect` of the abuse and not in the abuse itself. Here despite the defendant being ...

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