For 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.
In principle, any individual can become a victim of sexual harassment in the workplace, regardless of gender, age, marital status, appearance, education or professional position. Have you been affected yourself or have you witnessed harassment? Find out here what your rights are, what obligations employers are subject to and how best to take action against harassment.
Sexual harassment in the workplace: What is considered sexual harassment and what is the legal situation?
Flirting or sexual harassment – the differences
It is important to note that sexual harassment has nothing to do with eroticism, sexual attraction or love. The primary motive behind sexual harassment is the exercise of power and dominance. Perpetrators transgress the personal boundaries of their victims, violating their integrity. Are you uncertain about what constitutes sexual harassment?
Sexual harassment…
- …is a one-sided approach;
- …is demeaning, insulting;
- …is not welcome by an individual;
- …undermines self-esteem;
- …creates a harmful working atmosphere and infringes on personal boundaries.
Flirting, on the other hand…
- …is a mutual development;
- …is constructive, empowering;
- …is welcome on both sides;
- …strengthens the self-esteem and
- …respects personal boundaries
What should you do if you are a victim of sexual harassment?
- Do not accept the harassment.
- Respond quickly and firmly.
- Make it clear to the person harassing you that you will not tolerate their behaviour, irrespective of whether they are a manager or work colleague.
- Get help.
What should you do if saying no doesn’t help?
- Ask the person in writing to desist from the unwanted behaviour.
- Talk to someone you trust and keep a journal of the harassment.
- Inform the person in your company who is responsible for cases of sexual harassment, or inform human resources or your manager.
- Write a registered letter to the appropriate body. Demand intervention. You can also make a verbal complaint. Make sure that your complaint is recorded or take a witness with you.
- If the response of the relevant body at your place of work is inadequate, you can take the matter to the cantonal conciliation board.
- If proceedings are initiated at the place of work, 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.
Direct confrontation with the person committing harassment is not a prerequisite for further action. Repetition of the behaviour or harassment is not necessary, even a single act can constitute harassment.
Consider legal action. Look into this possibility carefully and seek advice, for example from gender equality offices, advice centres, trade unions or staff associations, or from a lawyer.
What should you do if you witness sexual harassment?
- Talk to the person concerned and listen to what they have to say.
- Encourage the individual to reject and/or take action against the unwanted behaviour of the person committing the harassment.
- Point out the additional possible courses of action.
- Do not undertake any action without the consent of the person concerned. Offer to accompany the individual to a meeting with the point of contact, person of trust or managers.
- Make yourself available as a witness.
- Find out from internal or external points of contact or persons of trust what you can do in the event that you witness sexual harassment.
Contacts
Sexual harassment in the workplace: Points of contact for affected women and men
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