What is sexual harassment?

A third of women who faced sexual harassment in the EU experienced it in the workplace.

Some of the sexist behaviour listed in the Council of Europe recommendation on combating sexism, such as ‘derogatory comments, objectification, sexist humour’ can be categorised as sexual harassment as defined under Article 12a of the Staff Regulations[1].

Additionally, any ongoing pattern of sexist behaviour can create an environment that is ‘intimidating, hostile, offensive or disturbing’, as defined under Article 12a of the Staff Regulations.

Such behaviour is also illegal under several EU directives and prohibited under the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention)[2]. EU law distinguishes between sex-based harassment, which is any unwanted behaviour directed to someone because they are a woman or a man, and sexual harassment, which involves unwanted conduct of a sexual nature. Sex-based harassment includes sexual harassment and some sexist behaviour.

Sexual harassment is an extreme form of sexism and has been shown to result in:

  • fear, anxiety, shame, anger;
  • reduced productivity;
  • high absenteeism;
  • reduced performance;
  • high staff turnover[3].

This section will highlight the link between persistent gender stereotypes and sexual harassment. However, sexual harassment is a legal matter and beyond the scope of this handbook, which focuses on informal mechanisms to create cultural change.

Definition: sexual harassment

Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

Source: EIGE[4]

Sexual harassment is both a form of discrimination and a form of violence. Victims are predominantly women, while perpetrators are predominantly men[5]. According to the largest EU-wide survey on violence against women, conducted by Eurostat, FRA and EIGE, men were the perpetrators in 88.3 % of sexual harassment cases experienced by women[6].

Men can also be targets of sexual harassment and women can also be perpetrators, though this is less common.

However, when surveyed, people in different European countries have been found to have a different understanding of what constitutes sexual harassment at work. For example, the French are three times more likely to believe it is harassment to tell a sexual joke than the Danes[7].

Key factors are whether the affected individual considers the act as unwanted and whether they can distance themselves without fear of reprisals.

Complimenting someone may not necessarily amount to sexual harassment. Much depends on the context and nuances of the relationship between those involved. A good rule of thumb is that comments about people’s appearance in today’s workplace are best avoided.

As part of the EU gender-based violence survey[8], women shared their experiences of sexual harassment, selecting from a list of acts that made them feel offended, humiliated or intimidated:

  • Inappropriate staring or leering
  • Indecent sexual jokes or offensive remarks about their body or private life
  • Unsolicited physical contact e.g. close proximity, touching body parts, kisses/ hugs or something else that they did not want
  • Inappropriate suggestions to go out on a date
  • Inappropriate suggestions for any sexual activity
  • Inappropriate advances on social networking websites
  • Inappropriate sexually explicit emails or text messages
  • Exposure to sexually explicit images
  • Threats with unpleasant consequences if they refused sexual proposals or advances

None of these excuses are valid. Remember that:

  • all staff should be aware of what behaviour constitutes sexual harassment and need to be held to account if they breach the legislation, Staff Regulations and policy;
  • inappropriate jokes can constitute sexual harassment;
  • one instance of sexual harassment is too much and should be reported;
  • there could be other victims;
  • nobody has the right to violate another person’s dignity.