... test for sexual harassment satisfied * Is there an employer liability if there was found to be sexual discrimination Firstly, it is worth noting that Pearce's case was presented before the 2nd October 2000 when the Human Rights Act 1998 came into force. It held following the case of R v Lamber that the retrospective application of the HRA did not apply. Section 1(1) (a) of the 1975 Act provides that a person discriminates against a woman if 'on the ground of her sex he treats her less favourably than he treats or would treat a man'. This is decided by a comparison test laid out in Section 5(3) of the Act and states, "A comparison of the cases of persons of different sex ... under section 1(1) ... must be such that the relevant circumstances in the one case are the same, or not materially different, in the other." It was ...

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