Home » Sexual Harassment
Physical acts
unwanted touching, sexual assaults, attempted rape
“Sexual harassment in the workplace is a reality, though it is difficult to quantify due to the taboo surrounding the subject. This phenomenon is still too often minimized, especially within companies, despite its serious consequences for individuals and organizations.
In Switzerland, employers have a legal obligation under Article 328 of the Code of Obligations, as well as laws on equality and labor, to prevent the risks of sexual harassment and implement necessary measures to protect their staff. Sexual harassment, as a form of discrimination based on sex, constitutes a serious offense and is strictly prohibited by law.” – Aurélie Nusbaum-de Francesco
What is sexual harassment?
Article 4 of the Federal Act on Gender Equality (LEg) defines sexual harassment as:
“By discriminatory behavior, we mean any unwanted behavior of a sexual nature or any other behavior based on sexual affiliation, which undermines the dignity of the person at their workplace, in particular by making threats, promising advantages, imposing constraints, or exerting pressures of any kind on a person to obtain sexual favors.”
Sexual harassment can manifest in various forms, including:
Verbal behaviors
sexist remarks, sexually suggestive jokes, inappropriate comments on physical appearance
Digital actions
sending pornographic material or explicit messages
Under Swiss law, a single act is enough to qualify an offense as sexual harassment, regardless of the perpetrator’s intention. The feelings and perception of the victim are taken into account.
The psychological and social impacts of sexual harassment
Sexual harassment is a form of psychological violence with serious consequences, affecting the victim’s professional, personal, and family well-being.
- Loss of confidence: The victim may develop a sense of inferiority and experience a loss of self-esteem;
- Social isolation: They avoid interactions with colleagues and/or the harasser;
- Physical and psychological consequences: Insomnia, anxiety attacks, depression, eating disorders, among others;
- Professional consequences: Decreased performance, loss of motivation, repeated sick leave, resignation, or dismissal.
How to support victims
What to do if you are a victim of workplace sexual harassment?
Victims of sexual harassment often hesitate to speak out, fearing retaliation or feeling a strong sense of guilt. However, it is essential to report these actions to stop them.
- Confront the harasser (if possible): Clearly say “stop” and keep a detailed journal of inappropriate behaviors.
- Contact internal resources: Reach out to management, human resources, the mediation office, or the external Person of Trust.
- File a complaint: Officially report the facts to the appropriate internal body or file a complaint with judicial authorities.
- Request immediate protective measures: The organization is required to protect the victim and ensure their safety throughout the process.
- Seek external support: Contact support associations like LAVI, consult a lawyer, or talk with trusted relatives.
What to do as a witness or manager in the face of sexual harassment?
For witnesses:
Being a witness to harassment requires you to act without putting yourself at risk. Although you are not directly involved, you can:
- Inform: alert managers, human resources, the internal complaints management body, or seek advice from the external person of trust;
- Support the victim: listen without judgment, encourage them to speak, and, if necessary, accompany them in their steps.
For managers
A manager must act immediately if a sexual harassment situation is reported:
- Ensure the victim’s safety: take temporary distancing measures if necessary;
- Seek advice: consult internal resources and/or the organization’s external trusted person to decide on actions to take;
- Communicate: explain the steps being taken to the victim and provide unconditional support.
The role of the person of trust in managing sexual harassment situations
The external trusted person plays a central role in managing sexual harassment situations. As a neutral and confidential interlocutor, they offer attentive listening and guide the victim towards appropriate solutions.
Their responsibilities include:
Informing
explaining to the victim the available options, whether internal or external
Facilitating communication
acting as an intermediary between the victim and internal bodies if necessary and proposing actions to take for clarity and conciseness
Providing emotional support
helping the victim overcome the psychological impact of the situation
In some cases, mediation may be considered, provided that the victim’s safety and needs are respected.
Preventing sexual harassment: A united and determined fight
Prevention is the best strategy to avoid situations of sexual harassment at work. This involves:
- Establishing clear processes: Implementing prevention mechanisms, conflict management, and internal recourse;
- Training managers: raising awareness about sexual harassment concepts and their related legal obligations;
- Active communication: conducting display campaigns (promoting a zero-tolerance policy and available resources) and providing employee training;
- A prompt and appropriate response: ensuring that any report is treated diligently and with strict confidentiality.
Do not hesitate to contact Aurélie Nusbaum-de Francesco for professional support, whether to manage a sexual harassment situation, conduct an internal investigation, or implement an appropriate prevention and management system. Together, let’s create a safe, respectful, and inclusive work environment.
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