Sexual harassment in the workplace includes any action with a sexual aspect that is unwanted by the person affected and violates their dignity. It can be committed by both male and female colleagues, employees of partner firms and suppliers or customers.

How the harassed person feels is crucial, not the intention of the person committing the harassment. With sexual harassment, the victim’s personal boundaries and integrity are violated. Sexual harassment in the workplace has nothing to do with flirting. Flirting is a mutual activity that is enjoyable for both people involved. Sexual harassment on the other hand is always unwanted by one party. It is an infringement – and often an abuse of power.

Sexual harassment may be committed by individuals or groups with words, gestures, or acts. It includes actions such as:

• Lewd and suggestive comments or jokes about the outward appearance of male or female colleagues
• Sexist comments or jokes about the sexual characteristics, sexual behaviour or sexual orientation of men and women
• Showing, displaying, and sending (by e-mail, WhatsApp etc.) pornographic material in the workplace
• Male or female employees receive unwanted invitations with a clear intention
• Unwanted physical contact
• Advances involving promised benefits or threats of penalties
• Following male and female colleagues within and outside the company
• Sexual assaults, coercion or rape

Sexism as distinguished from sexual harassment is any type of gender-based discrimination. For instance, if men or women are mocked because of their appearance, comportment, or sexual orientation, or subjected to lewd comments, this is sexist behaviour.

Employers have a legal obligation to protect their employees from sexual harassment. They are responsible and liable for men and women not being sexually harassed at work.

Clearly explain to the person that you feel harassed by their behaviour. If the harassment does not stop, tell this person that you will complain to a superior office if the harassment does not cease immediately. If you have difficulty directly confronting the person harassing you, you can write them a letter. Make a copy of the letter. Keep a written record of the sexual harassment. Note down who committed the act, what was done, when and where it was done, and whether there are witnesses or evidence. Save evidence such as e-mails, WhatsApp messages etc. Get moral and personal support in private and professional environments.

Get advice if you need support or the harassment continues. If possible, talk to your superiors or the HR person responsible for you, or get advice from someone outside your workplace.

If you witness sexual harassment, talk to the affected person about the incidents. Encourage them to be proactive and resist the attacks. Do not take any action against the will of the person affected. If the allegations of harassment are investigated, you can make yourself available as a witness.

Show moral courage. Don’t laugh at sexist sayings and jokes. Say that you don’t find them funny.

Reporting within the company

If possible, get in touch with your superiors first. If you are unable or do not want to do this, you can usually also request support from contact persons in your Human Resources department. Persons in a company have an obligation to take your report seriously and deal with it.

Confidential advice (with no obligation to intervene)

If there are designated in-house representatives in your company, get in touch with them. They will give you confidential advice and support.

Movis AG’s employee counselling service is available as an external place to go for breaches of personal integrity. Report to the counsellors who are responsible for your company or ring +41 848 270 270 (accessible 24 hours / 7 days).

Sexual harassment can harm the person affected in various ways and have serious consequences. They no longer enjoy their work. They become suspicious of colleagues. Concentration and efficiency decrease. They develop feelings of shame and guilt. There are noticeable physical and psychological health consequences such as headaches, insomnia, backaches, stomach pain, depression, feelings of loathing and helplessness, helpless rage, etc.

People who sexually harass colleagues must expect sanctions from their employer. Depending on the severity of the misconduct, anything from a reprimand to dismissal and an entry in the personnel file should be expected.

If the person affected presses charges, criminal consequences can be expected.

People who demonstrably and unjustly accuse colleagues of sexual harassment to intentionally cause them harm can expect the same sanctions as someone who is guilty of sexual harassment.

Equality Act (GIG), Art. 4: Discrimination through sexual harassment

Any behaviour of a sexual nature or behaviour towards someone that is different on the basis of their gender affiliation and which violates the dignity of men and women in the workplace is considered sexual harassment.

Swiss Code of Obligations (OR), Art. 328: Duty of care

In an employment relationship, employers must respect and protect the character of employees, give appropriate consideration to their health, and ensure that morality is safeguarded.

Federal Labour Act (ArG), Art. 6: Health protection

Employers must take all measures necessary to safeguard and improve health protection and guarantee the physical and psychological health of employees.

Ask which personnel regulations or laws apply in your business. These provide information about company procedures and codes of conduct.

Sexual harassment in the workplace – A guide for employees, pub. by SECO

Mobbing und andere Beläsigungen – Schutz der persönlichen Integrität, SECO

Belaestigt.ch

Sample of a letter to someone committing sexual harassment