Sexual harassment at the workplace

Sexual harassment is used to mean any improper conduct of a sexual nature or any other gender-based conduct, which disrespects the dignity of the person at the workplace, in particular by uttering threats, promising benefits, imposing constraints or putting pressure of any kind on any person in order to obtain favours of a sexual nature. Comments about the person's appearance, unwanted physical contact, messages and images of a sexual nature are examples of such behaviour as are invitations that are accompanied by threats.

Sexual harassment is unlawful (Art. 4 EqA, Art. 328 CO). Employers must take measures to protect their employees and in particular learners and prevent sexual harassment at the workplace; they must take action when the circumstances justify it. Employers who do not comply with this obligation to prevent such behaviour may be required to pay compensation to the victim.