Report on Sexual Harassment in the Workplace in EU ... - UNECE

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Legislative Provisions, Case Law and Working Definitions 11 Table 3.1—continued Country Employment Legislation Dealing with Sexual Implicitly / explicitly Countries with Harassment / Harassment based on Sex deals with Sexual legislation Harassment / defining Sexual Harassment based Harassment on Sex Spain National Labour legislation does NOT define sexual Implicit ✘ harassment but refers to Working Standards Act, Act on Labour Infringements and Penalties Slovenia Slovenian Employment Legislation (2002) Explicit ✓ Sweden Act on Equality Between Men and Women (1980) Explicit ✓ UK Sex Discrimination Act (1975) and Employment Rights Implicit ✘ Act (1996) 23 Countries with employment legislation that deal 18 explicit 16 with sexual harassment. 4 implicit 1 not specified All of the definitions that were provided refer to unwanted, inappropriate and offensive behaviour that affect the dignity of the person harassed (this being core to the definition of Sexual Harassment / Harassment based on Sex in the amended Equal Treatment Directive). At present six countries whose legislation expressly defined sexual harassment make specific reference to the creation of a ‘‘hostile or humiliating work environment’’. 3.2 Definitions of Sexual Harassment / Harassment based on Sex incorporated in Employment Legislation In the following paragraphs information is presented in relation to the definitions of Sexual Harassment / Harassment based on Sex contained either explicitly or implicitly in employment legislation in the various respondent states. Austria: The Federal Equal Treatment Act 1993, which is applicable to public service employees, explicitly deals with Sexual Harassment / Harassment based on Sex. It provides (section 7) that: (1) Discrimination based on sex occurs if, in the context of his or her public service employment or training relationship, the public service employee 1. Is sexually harassed by the representative of the actual employer, 2. Is sexually harassed by a third party, 3. Is sexually harassed by a third party and the representative of the employer fails to take the appropriate remedial action. (2) Sexual harassment occurs if conduct of a sexual nature is perpetrated and this conduct 1. Is an affront to a person’s dignity; 2. Is unwanted by, inappropriate or offensive to the affected person and
12 <strong>Report</strong> on Sexual Harassment in the Workplace in EU Member States 3. (a) Creates an intimidating, hostile or humiliating working environment for the affected person or; (b) If the person affected refutes or tolerates conduct of a sexual nature on the part of a representative of the employer or a colleague, and this forms the basis, either overtly or tacitly, for the a decision that adversely affects this person’s access to training and further training, employment, further employment, promotion or payment or forms the basis for another negative decision concerning the public sector employment or training relationship. The Equal Treatment Act 1979 (section 2, Part 1 a and b), which applies to private sector employment, is materially identical. The Articled Clerk Act 2000 (section 22) and the Student Teacher Act 2000 (section 22) each prohibit sexual harassment in materially identical terms to those in the legislation mentioned above, effectively extending the prohibition on such conduct outside the strict sphere of ‘‘employment’’. Belgium: In Belgium, the law relating to the Protection Against Violence and Moral and Sexual Harassment at Work (11 th June 2002, which is included in the law relating to the well-being of workers when carrying out their work August, 4 th , 1996) which explicitly deals with Sexual Harassment / Harassment based on Sex defines sexual harassment at work as ‘‘all types of verbal, non verbal or physical behaviour of a sexual nature which the guilty party knows or should know will affect the dignity of men and women in the workplace’’. Royal decrees of 18 September 1992 and 9 March 1995 and a number of Government Decrees also provide protection against sexual harassment in the workplace. These decrees should be adapted to the law to the protection against violence and moral and sexual harassment at work, June 11 th 2002. The Law of 7 May 1999 on equal treatment of men and women relating to working conditions, access to employment and promotion possibilities, access to an independent profession and complementary social security systems is also referenced but there is no additional information given in relation to the definition contained in the legislation. Sexual harassment is categorised (Article 2, section 6 of the law of 25 February 2003) as a form of sex discrimination. It is defined as any form of verbal, non-verbal or physical behaviour of a sexual nature which the guilty party knows or should know affects the dignity of men and women in the workplace. Cyprus: The Equal Treatment for Men and Women in Employment and Vocational Training Law (No. 205) 2002 explicitly deals with sexual harassment as follows: ‘‘Sexual harassment means any unwanted verbal or physical conduct of a sexual nature or any form of conduct based on sex, of a person, which violates the dignity of women and men in employment, vocational education or training during access to employment, vocational education or training. Sexual harassment is deemed to be discrimination on grounds of sex and therefore prohibited’’.
Page 1 and 2: REPORT ON SEXUAL HARASSMENT IN THE
Page 3 and 4: Wt.—. 1,000. 7/04. Cahill. (M8468
Page 6 and 7: Table of Contents Acknowledgements
Page 8: Table of Contents vii 11 Conclusion
Page 12 and 13: Executive Summary Background to the
Page 14 and 15: Executive Summary xiii Spain and th
Page 16 and 17: Executive Summary xv Quantitative a
Page 18 and 19: CHAPTER 1 Background to the Researc
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Page 26 and 27: CHAPTER 3 Legislative Provisions, C
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Page 66 and 67: CHAPTER 6 Employer Liability All or
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CHAPTER 7 Legal Complaints and Reme
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APPENDIX 1 Abbreviations List of Ab
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APPENDIX 3 Membership of the High L
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APPENDIX 4 Ministerial Questionnair
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Appendix 4: Ministerial Questionnai
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