Sexual harassment in the workplace
The term sexual harassment in the workplace means any behaviour of a sexual or gender-specific nature that is unwelcome on one side and that violates a person’s dignity. The perception of the person harassed is the deciding factor, not the intention of the person committing the harassment. Sexual harassment can be perpetrated through words, images, gestures or actions.
The Federal Act on Gender Equality (GEA) defines sexual harassment in the workplace as discrimination: Anyone who sexually harasses another individual at work or in the workplace violates applicable law.
What is considered sexual harassment in the workplace?
Sexual harassment in the workplace can be committed by co-workers, managers or customers. Sexual harassment is when the personal boundaries of the individual concerned are disregarded. Examples of this are:
- Making suggestive and ambiguous remarks about the appearance of members of staff.
- Making sexist remarks or jokes about a person's sexual characteristics, sexual behaviour, sexual orientation or gender identity.
- Displaying, posting or distributing pornographic material in the workplace.
- Unwanted phone calls, emails, letters, text messages or short messages with sexist or suggestive content.
- Sending members of staff unsolicited invitations with obvious intent.
- Unwanted physical contact.
- Following employees inside or outside the company.
- Attempting to get close to an employee in a way which involves promises of advantage or threat of disadvantage.
- Sexual assault, coercion or rape.
How common is sexual harassment in the workplace?
Up to 15 per cent of all workers report having been sexually harassed at work in the last 12 months. Studies show that more than half of the people surveyed have experienced sexual harassment at some point in their working life.
Experts assume that a majority of incidents of sexual harassment recorded in crime statistics happened in the workplace. The offences are committed primarily by men, while the victims are mostly female. This means that women are about five to ten times more likely than men to experience sexual harassment..
What can you do about sexual harassment in the workplace?
For employers: Prevent sexual harassment in the workplace
As a company or organisation, you have a duty to protect employees from sexual harassment. You must implement preventive measures and define how you will deal with cases of sexual harassment.
Employees: Defending yourself against sexual harassment in the workplace
Have you been affected by or witnessed sexual harassment? Find out what to do in such cases and where to find support.
Legal situation
Employers have a responsibility to protect staff against discrimination in the workplace and to preserve their dignity. Protection against sexual harassment is part of the duty of care that employers must exercise with regard to employees.
The duty of care requires employers to implement measures to prevent sexual harassment. If there is a case of sexual harassment, employers must also intervene.
Employers can also be held responsible for acts of harassment committed by temporary employees, suppliers or customers.
If proceedings are initiated at the workplace, at a conciliation board or before a court, the individual concerned is protected against dismissal for the duration of the proceedings. The protection against dismissal ends six months after conclusion of the proceedings.
For employers, the obligation to protect against sexual harassment is derived from various laws:
- Art. 4 of the Federal Act on Gender Equality: Discrimination through sexual harassment
- Art. 6, para. 1 of the Federal Act on Employment in Business, Trade and Industry (Employment Act): Duties of employers and employees
- Art. 328 of the Code of Obligations: Safeguarding of employee’s personality rights
Examples of case law
Cases based on the Gender Equality Act (GEA) are listed here:
Supported projects
«KMU konkret+» prevention project against sexual and sexist harassment in the workplace
Companies take operational measures to prevent sexual harassment in the workplace.
Read more
Prevention kit for a workplace free of harassment
Film and accompanying documentation on the prevention of sexual harassment in the workplace
Read more
Publications
Study on sexual harassment in the workplace
Summary of report
Studie zu sexueller Belästigung am Arbeitsplatz in der Schweiz
Only available in German or french
Sexuelle Belästigung in der Schweiz: Ausmass und Entwicklung
Only available in German and French
Sexuelle Belästigung in der Schweiz
Only available in German and French
Risiko und Verbreitung sexueller Belästigung am Arbeitsplatz
Only available in German and French