Legal definition
The Federal Law on Equality of Women and Men, which took effect on 1 July
1996, clearly condemns all forms of discriminatory conduct.
The Law defines
discriminatory behaviour as any form of harassment of a sexual nature or other
behaviour based on a person’s sex which detracts from the dignity of women and
men in the workplace. This includes in particular threats, promises of
advantage, coercion and the exertion of pressure in order to obtain sexual
favours.
In addition, a court recently decided that sexual harassment was not
confined to physical harassment and inconsiderate attempts to exert pressure on
an employee, but also included an atmosphere hostile to a given sex and crude
verbal attacks of a sexual nature.
The Equality Law also provides that a victim of sexual harassment may be
entitled to compensation if the employer fails to prove that he or she has
adopted the measures necessary to prevent or put an end to the sexual
harassment. The maximum compensation corresponds to six months' pay.
Victims
of sexual harassment need in no case expect to be dismissed for having
complained to the courts about the harassment. Victims are legally entitled to
apply to a court with a view to securing a prohibition of discrimination or,
should discrimination have already occurred since the relevant interview, to
have the situation placed on record.
To sum up, the responsibility for sexual harassment lies with the harasser.
Under the labour legislation, this responsibility is shared by the employer, who
is required to protect the personality, physical and mental integrity and health
of his or her employees.
Whom should you approach if you suffer sexual harassment in the workplace?
- If you work in the private sector, you can approach the Labour Inspectorate
(Office for Industry, Commerce and Labour) of the canton in which you work, or
the relevant cantonal arbitration office (see web addresses below).
- If you are employed in the public sector, you can approach either an external
arbitrator or the arbitration office of the canton in which you work.
You can also approach one of the many organisations specialising in this
field, or a trade union either specific to your occupation or covering a number
of occupations.
Source: European Union
© European Communities, 1995-2006
Reproduction is authorised.
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