Sexual and Sexist Harassment at the Workplace

Practical guidance for employees, managers & HR

This page provides practical information, tips, and guidance on how to deal with sexual or sexist harassment at work.

 

All employers are required to protect their employees from sexual and sexist harassment in the workplace.

The external trusted advisory service supports you as an employee if you experience or feel affected by sexual harassment.



What is sexual harassment at work?

Sexual harassment is any behaviour with a sexual meaning that is unwanted and makes a person feel uncomfortable, humiliated, or disrespected. This also includes verbal behaviour. Even if someone means it as a “compliment,” it is still not acceptable at work if the other person does not want it.

What matters is how the person who is affected feels, not what the other person intended. A hostile or disrespectful working environment toward people of a certain gender is also not allowed.

The same rules apply at work events outside the office. If sexual harassment happens in private life, it can still have consequences at work if it affects the working relationship. Serious cases of sexual harassment can also be a criminal offence.



Examples of sexual harassment at the workplace

  • Leering or staring in a sexual way, whistling
  • Comments about someone’s body, appearance, or physical “strengths” or “weaknesses”
  • Sexist remarks, obscene jokes, or sharing sexual images
  • Unwanted physical contact (e.g. touching, hugging, brushing against someone)
  • Unwanted invitations with a clear sexual intention
  • Suggestive or ambiguous sexual requests
  • Approaches that imply benefits or disadvantages at work in exchange for sexual favours
  • Exposing or showing one’s genitals

Quick help and advice for people affected by harassment

Are you unsure whether what you are experiencing at work counts as sexual harassment?

Do you not know what to do or how to respond?

Confidential advice from an external counselling service

As an employee, you have different options to respond to harassment. You may try to stop the behaviour directly by telling the person clearly—or in writing—that their behaviour is not welcome and that you will take action if it does not stop.

You can also seek support within your company. There may be other people affected as well, and you could consider addressing the issue together.

You can also contact us, the external counselling service for your organisation, to discuss your situation confidentially and explore possible next steps.

Internal workplace policy on the protection of personal integrity

All employers are required under the Equal Opportunities Act to establish an internal policy. This policy defines what is meant by sexual harassment. You should read your organisation’s internal policy to understand which standards of behaviour apply in your workplace, and how procedures, responsibilities, and possible sanctions are defined in case of an incident.

Advice from the labour inspectorate or conciliation authority

If your employer does not take action despite your report, you can also seek advice from the cantonal labour inspectorate or from cantonal conciliation authorities. They can inform you about possible legal steps you may take.

Helpful links for employees regarding sexual harassment at the workplace



Extent of sexual harassment at the workplace

30% of women and 10% of men experience sexual harassment at work.

Sexual harassment in the workplace occurs in all industries and can affect anyone, regardless of appearance, age, job position, or gender. According to studies, both women and men are affected: around 30% of women and 10% of men report having experienced sexual harassment at work—by colleagues or supervisors, but also by customers, business partners, or suppliers.

Legal basis for sexual harassment

Sexual harassment as discrimination at the workplace

The Swiss Federal Act on Gender Equality (GEA) prohibits sexual harassment at work as discrimination based on gender that violates a person’s dignity (Art. 4 GEA). This law applies to all employment relationships in the private sector as well as in public administrations and institutions.

Compensation claims and protection against dismissal after sexual harassment

If an employer fails to take appropriate or sufficient preventive measures, the affected person may, under certain conditions, be entitled to compensation from the employer (Art. 5 para. 4 GEA).

In addition, during an internal investigation process and for a certain period afterwards, the affected person is protected against dismissal under specific conditions (Art. 10 GEA).

Sexual harassment at work that is relevant under criminal law

Sexual harassment at work is only relevant under criminal law if it involves intentional and clearly offensive acts, such as grabbing someone or making gross, vulgar remarks.

How must organisations support their employees?

Pay attention, address issues, intervene, and investigate

Unlike the external trusted advisory service, which only advises employees and does not intervene, managers must take any indication of sexual harassment in their team or organization seriously and investigate it promptly. They must at least conduct a clarifying conversation with the affected employee in order to decide how to proceed.

Internal reporting of sexual harassment at the workplace

In order for a specific case to be investigated, the person who feels harassed must file a complaint with the responsible internal office or contact person in the organisation. By doing so, they agree to initiate a formal procedure. The investigation can be carried out by a qualified internal person. In smaller organisations, however, it may be easier for all parties if external specialists conduct the investigation.

Mediation and Team Coaching after Sexual Harassment

Conflict resolution after sexual harassment at the workplace

Sexual harassment at the workplace is a sensitive issue. A specific case is emotionally and professionally challenging for everyone involved — both for those affected and for those responsible.

The responsible manager must stop the harmful behaviour without delay. As a form of conflict resolution, mediation or team coaching — led by a female–male co-facilitation team — can help rebuild trust between those directly involved and within the wider team, which is often indirectly affected, and can sustainably improve the working environment.