Sexual harassment in the workplace
Sexual harassment in the workplace
"One of my colleagues pesters me every day with saucy jokes. Can this be classed as sexual harassment? If so, what exactly are my employer's obligations to put a stop to it?"
Emilie, Meyrin
Employee protection against sexual harassment is covered by both the Swiss Code of Obligations (CO) and the Federal Law on Equality between Women and Men (LEg).
Under Art. 328 of the Swiss Code of Obligations, the employer must protect and respect the employee's personality in the context of the employment relationship; he must show due regard for the employee's health and ensure that moral standards are maintained. In particular, the employer must ensure that employees are not sexually harassed or put at a disadvantage as a result of such behaviour. This legal provision therefore requires specific measures to be taken to protect the health and personal integrity of employees.
More specifically, art. 4 LEg prohibits any inappropriate behaviour of a sexual nature or any other behaviour based on sexual orientation that violates a person's dignity in the workplace. Unwelcome behaviour may take the form of words or gestures. Sexual harassment includes threats, promises of advantages, coercion or pressure of any kind with a view to obtaining sexual favours. Case law has recognised that sexual harassment includes not only unwanted advances and gestures such as touching, but also the presentation of pornographic magazines or photos to an employee, the use of coarse language and/or language with sexual connotations, and the staring of an individual.
As employers are required to take the necessary measures to prevent situations of sexual harassment, in particular by informing employees that those responsible for inappropriate behaviour will be punished, they are obliged to act immediately by taking appropriate measures to put an end to any infringement. Appropriate measures may include mediation at the employer's expense, relocation of the employee or the perpetrator of the sexual harassment to another department, a warning, ordinary dismissal, or even dismissal with immediate effect if this measure is proportionate to the seriousness of the offence.
