Sexual harassment

Sexual harassment

"How do you know if you're being sexually harassed? Are incessant vulgar gags by male colleagues enough?"

Marina, Geneva

A survey commissioned by the State Secretariat for Economic Affairs in 2008 revealed that 28 % of women and 10 % of men had felt sexually harassed or annoyed by their colleagues or superiors.

Sexual harassment is defined in Article 4 of the Gender Equality Act as "unwelcome conduct of a sexual nature or any other conduct based on sexual orientation that violates a person's dignity in the workplace". The Act specifically mentions sexual blackmail. The Federal Court has accepted that behaviour contributing to the creation of a hostile climate also falls within the definition of sexual harassment. For example, systematically sending sexist jokes by e-mail or making constant remarks about the appearance or clothing of a colleague of the opposite sex may constitute sexual harassment. It is important to note that the perpetrator's intention is not a determining factor in classifying his or her behaviour. The harassing nature of the behaviour must be established on the basis of the feelings of the person complaining.

Both this law and the Code of Obligations and Labour Law require employers to prevent and punish unacceptable behaviour in the workplace. Where a case of sexual harassment is established, the Court may order the employer to pay compensation to the employee of up to six months' salary. However, the employer may be released if it proves that it took the measures that experience dictates, that are appropriate to the circumstances and that can reasonably be required of it to prevent or put an end to these acts. It is therefore the employer's responsibility not only to put an end to harassment of which he is aware, but also to prevent sexual harassment within his company. Such preventive measures may include providing regular information to employees and setting up a procedure for reporting cases of harassment.

It should also be noted that when the harassment reaches a certain level of seriousness, the victim may also lodge a criminal complaint against the perpetrator of the harassment for breach of sexual integrity or abuse of distress. Such conduct is punishable by a custodial sentence of up to three years or a fine.