What is sexual harassment?
The Discrimination Act prohibits harassment or sexual harassment of employees.
What are harassment and sexual harassment?
Harassment is any action, behaviour or treatment that violates the dignity of a person in a manner that is related to one of the seven forms of discrimination covered by the Discrimination Act: gender, gender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age. Examples of harassment include acts of a physical or verbal nature, such as derogatory statements, offensive gestures, comments on behaviour or appearance and ridicule or humiliation. Racist texts, signs, graffiti and suchlike can also constitute harassment.
Sexual harassment is conduct of a sexual nature that violates a person’s dignity. This may include degrading comments based on gender or sexual orientation, touching or other unwelcome physical advances.
Act immediately
If you are subjected to any form of harassment, or if you see a colleague being harassed, it is important to act immediately.
Protection against reprisals
The Discrimination Act also includes protection against reprisals for any person who reports harassment. The employer and the employer's representatives, i.e. managers, are prohibited from retaliating against an employee who has
- reported that the employer has acted in breach of the Discrimination Act,
- participated in an investigation under the Discrimination Act, or
- rejected or acquiesced to the employer's sexual harassment.
FAQ
Speak out
Even when it seems obvious that the behaviour constitutes sexual harassment, it is important to state clearly that you perceive it as sexual harassment and that it is not acceptable. This is because the law requires that a person who has subjected someone to harassment must have been aware that the behaviour was offensive. This means that the person who feels they have been harassed and offended must make it clear to the perpetrator that the behaviour is unwelcome and unacceptable.
Tell your manager
In any such a meeting with your manager, we recommend that you contact your trade union representative and ask them to accompany you.
Talk to your trade union representative
If it is your manager or equivalent who is harassing you or if the employer has not taken action to stop the harassment, you should report it to your local trade union.
If you find it difficult to have the conversation with the manager alone, you can bring a union representative or health and safety representative to the meeting.
Keep a record
If the harassment is in written form, save the e-mail(s) or other written forms of harassment. Keep a record what happened and when, take notes or save emails between you and the employer to show what action the employer has taken.
Do not wait too long
Being subjected to harassment or sexual harassment can be both difficult and shameful, and victims can suffer a number of different emotions. It may be hard for you to talk to your manager straight away. A first step could instead be to talk to someone you trust about what has happened and then contact your local union representatives, who can help you to arrange a meeting with the employer. The important thing is not to delay reporting the harassment. The more time that passes, the more difficult it will be to investigate and take action.
The employer is obliged to investigate and take action against harassment and sexual harassment.
The employer must:
- Investigate
- Take reasonable measures
- Follow up
The employer has full employer responsibility during the investigation, both for the employee who feels subjected to harassment and for the employee accused of harassment. Support and assistance in the form of counselling or help through the occupational health service may be required.
If you are a member of SULF, your local union representatives can be of great help at this stage. They can support you to ensure that the employer fulfils its responsibilities under the law.
As a member of SULF, you can receive individual support fand advicerom the local union representatives at your workplace. For example, your local union representatives can support you in your contacts with your employer. They can help you to reach an agreement with your employer on what measures are appropriate and they can negotiate on your behalf if such a situation arises.
SULF works continuously to provide support to local union representatives regarding these issues. SULF also organises training for local union representatives to keep them updated on current rules and legislation and how to support their local members in such cases.
In SULF’s publication Kokbok för jämställd akademi, (A Cookbook for Gender Equality in Academia), you can read about what you can do in practice when you or your colleagues face power and domination techniques or are subjected to sexual harassment at work. In order to change a negative and oppressive culture in the workplace, it is essential to work proactively to create an environment where everyone is respected and everyone’s voice is heard.
Download Kokbok för jämställd akademi (pdf, in Swedish only).