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

14 <strong>Report</strong> on Sexual Harassment in the Workplace in EU Member States
Germany:
The Law to protect employees from sexual harassment in the workplace (Employee Protection
Act) 1994: explicitly deals with sexual harassment in the workplace and defines it as
consisting of ‘‘any intentional, sexually-oriented behaviour that violates the dignity of
employees in the workplace’’. This includes:
1. sexual acts and types of behaviour that are penalized under criminal codes, as well
as
2. other sexual acts and demands for such acts, sexually-oriented touches, remarks of
a sexual nature, as well as showing and visibly displaying pornographic images that
are clearly rejected by the party concerned.
Hungary:
The Labour Code (No. 22, 1992) makes a reference to the ‘‘Act on Equal Treatment and the
Promotion of Equal Opportunities’’ (No. 125, 2003), which includes the following definition:
‘‘Harassment is a conduct violating human dignity related to the relevant person’s
characteristic, defined in Article 8, with the purpose or effect of creating an
intimidating, hostile, degrading, humiliating or offensive environment around a
particular person’’.
Article 8 lays down the general prohibition of direct discrimination and refers to discrimination
on sexual grounds.
Ireland:
Section 14A (7) of the Employment Equality Act 1998 (as amended) explicitly deals with
sexual harassment defining it as follows:
(a) (i) References to harassment are to any form of unwanted conduct related to any
of the discriminatory grounds and
(ii)
references to sexual harassment are to any form of unwanted verbal, non verbal
or physical conduct of a sexual nature,
being conduct which in either case has the purpose or effect of violating a person’s
dignity and creating an intimidating, hostile, degrading, humiliating or offensive
environment for that person.
(b)
Without prejudice to the generality of paragraph (a), such unwanted conduct may
consist of acts, requests, spoken words, gestures of the production, display or
circulation of written words, pictures or other material.
Harassment / sexual harassment is prohibited in the workplace, by an employer, colleague,
or a client, customer or other business contact of the employer ‘‘and the circumstances of the
harassment are such that the employer ought reasonably to have taken steps to prevent it’’.
The Act also prohibits the differential treatment of an employee in the workplace for reasons
connected with his or her rejecting or accepting the harassment.