Sexual harassment

What it means

Sexual harassment is verbal, non-verbal or physical conduct of a sexual nature that violates a person's dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment. It can take the form of inappropriate remarks, jokes, sending content, touching or pressure.

The Anti-Discrimination Act treats it as a form of discrimination, and the equal treatment principle obliges employers to prevent and deal with it. What matters is how the conduct is perceived by the person affected, not the harasser's intent; even a joke can be harassment if it is unwelcome.

It differs from workplace bullying in its sexual nature, and it need not be repeated: a single serious incident can be enough. It may come from a manager, a colleague, or even a client or supplier, and in protecting the workplace the employer remains responsible for ensuring a safe environment in such cases too.

How it works in practice

An employer should have a clear internal policy defining unacceptable behaviour, setting out how and to whom incidents can be reported and guaranteeing protection against retaliation. Regular training helps employees and managers recognise boundaries and know how to respond.

When a report comes in, act quickly, confidentially and impartially: hear both sides, secure evidence, take interim measures such as separating workstations, and decide on consequences. The reporting channel can be linked to the whistleblowing system.

The person affected can also seek redress in court, in an employment dispute or under the Anti-Discrimination Act, claiming for instance cessation of the conduct, appropriate satisfaction or compensation for non-material harm. A partially reversed burden of proof applies in such cases.

What to watch out for

Ignoring reports or playing down incidents exposes the employer to legal liability and reputational risk. Courts consider whether the employer took reasonable preventive measures and how it responded to the report.

Investigations involve sensitive personal data. Information must be protected, shared only with those who need it and retained proportionately, so as not to intrude on either party's privacy or spark a further dispute.