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Equal Opportunities Work - Theories about Practice

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The core of the definition of sexual harassment lies in the actions being<br />

unwelcome by the individual at whom they are aimed. It is not possible to state<br />

exactly how the person affected should indicate that the behavior of the other<br />

party is not desirable. It may be done verbally or in writing. In some cases,<br />

however, it is clear even without anything being done by the person affected<br />

that the behavior of the subjecting party is undesirable and entails sexual<br />

harassment.<br />

The definition of sexual harassment is based on a subjective criterion: it is<br />

up to the person being subjected to the behavior to decide whether or not it is<br />

desirable and what is offensive. This subjective criterion is based on the right<br />

of every individual to integrity and self-determination.<br />

Why do we legislate <strong>about</strong> sexual harassment at all? Sexual harassment<br />

violates the right of the individual to personal integrity and self-determination.<br />

This does not only affect the person being subjected to it, but impacts on the<br />

entire workplace. Harassment leads to tension in the atmosphere, and to many<br />

people feeling insecure. People are upset, sense that there is some kind of<br />

abusive situation, and withdraw. At such a workplace, not only the person<br />

being subjected to the behavior in question works less than optimally -- even<br />

his or her workmates' capacities to perform at work are affected. In other<br />

words: productivity and creativity diminish.<br />

Men harass women, women harass men, men harass men and women harass<br />

women. Studies, however, indicate that the most frequent type of sexual<br />

harassment is when men harass women. For this reason it is asserted in the<br />

preparatory work for a draft bill submitted to the Swedish parliament and<br />

entitled Kvinnofrid ("Protection of Women") that it is important to consider<br />

sexual harassment from the perspective of sex/gender and power relations.<br />

Sexual harassment is an abuse of power on the part of the perpetrator, and it is<br />

also one aspect of more systematic oppression of women. This is what<br />

distinguishes it from bullying in general. Sexual harassment is a means of<br />

keeping women subordinate. For this reason, too, sexual harassment is<br />

considered an issue related to equal opportunities, which explains why the law<br />

on sexual harassment is an amendment to the <strong>Equal</strong> <strong>Opportunities</strong> Act.<br />

It is incumbent upon every employer to take measures to prevent and<br />

counteract any employee's being subjected to sexual harassment. Moreover,<br />

the employer may be held liable to pay damages if he does not institute an<br />

investigation when someone is reported for sexual harassment. The employer<br />

must clearly take the stand that sexual harassment will not be tolerated at the<br />

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