Everyone is protected against discrimination and harassment, both at work and everywhere else, according to both the Working Environment Act and the Equality and Discrimination Act. The law sets requirements for the psychosocial working environment. The employer is obliged to promote equality and prevent harassment and other misconduct. In addition, the employer must offer accommodation for employees and make arrangements for many different needs. In short, everyone has the right to a safe working environment.

What is sexual harassment?

Section 13 of the Equality and Discrimination Act defines sexual harassment as:

Unwanted sexual attention that has the purpose or effect of being offensive, intimidating, hostile, degrading, humiliating or bothersome.

• One of several keywords here is unwanted.
  
  It is not necessarily actions in themselves that make something sexual harassment, but rather that the actions are unwanted.
  
  For example, a neck massage can be nice if you want it. Yet, if a colleague sneaks up and gives you an unsolicited neck massage at work, it’s something quite different.
  
  Reciprocity is essential.

• Equally important are the keywords purpose or effect.
  
  If you aim to offend others with your behaviour, it is likely that you are engaging in harassment. But it may also be that it is not the intention, but that one is nevertheless guilty of sexual harassment because the behavior had the effect of being unpleasant for others.
  
  You can often hear "It was just a joke!", "I didn't mean anything by it". But the law does not require intention.

What is discrimination?

Discrimination is unfair differential treatment based on group affiliation, such as:

gender, ethnicity, religion, disability, sexual orientation, gender identity, gender expression, age, pregnancy, leave due to birth or adoption, care tasks and other significant aspects of a person.

• Discrimination can take the form of direct differential treatment, where one person is treated worse than others.
  
  For example, getting less pay without a valid reason, being refused entry or expelled without a valid reason, not being selected for an interview or position based on group affiliation, facing prejudice, stereotypes and condescending language related to group affiliation.
  

• Discrimination can also occur in an indirect way through a seemingly neutral provision, action or omission that gives some people worse conditions than others.
  
  For example, a ban on the use of religious symbols will exclude people with a hijab, and buildings with only stairs will exclude people with reduced mobility. If the ban and the building design do not have a reasonable explanation, it is discrimination.

What is harassment?

Section 13 of the Equality and Discrimination Act defines harassment as:

Actions, omissions or statements that have the purpose or effect of being offensive, intimidating, hostile, degrading or humiliating.

Harassment can be, for example, ostracism or hurtful joking and teasing, unreasonable reprimanding in front of others, making people invisible and ridicule.

The legislation does not require intention. This means that you can be guilty of sexual harassment, discrimination and harassment without meaning to.

Room for dissent?

Everyone has freedom of expression. Everyone has the right to express their opinion without criminal prosecution. Freedom of expression is not absolute. Some statements are illegal, such as severe harassment, and discriminatory and hateful statements.

There is a large area of ​​expression that is not illegal, but which is still not considered completely okay by everyone. What we think is okay to joke about, say and do in a workplace can be a lively discussion. What’s considered OK and not depends on the relationships we have with each other, and what roles we each hold.

Creating space for diversity includes acquiring new knowledge and being mindful about what words we use. Creating space for dissent means that there should be room for many different opinions; perhaps also slightly different attitudes and opinions related to inclusion work. Thus, these considerations can be somewhat at odds with each other. So, how do we safeguard the right to freedom of expression and dissent, and at the same time create an environment where everyone feels safe?

There are many different factors and nuances that influence what we think of as OK and not, and how we handle matters such as harassment, discrimination and sexual harassment. Here are some questions you can ask.

To what extent does one party have power over the other?

It is difficult to defend yourself and speak freely when you are in an unequal power relationship, and depend on the other person.

In a workplace there are always degrees of dependency because we are dependent on the income we get from our job and thus dependent on being allowed to keep our job.

Some are more dependent on being well-liked, others have a more secure position.

Power and hierarchies in a workplace can be both formal and informal and less visible.

Power comes in many different forms. One can have power by virtue of job title, success, experience, money, position, and by virtue of social network, and charisma. When you belong to the majority, you don’t have to deal with stereotypes and prejudices. Belonging to a minority can make you more vulnerable, and make it more difficult to speak up about things.

Are we talking about repeated actions?

Maybe it's okay the first time a colleague makes a crude joke about you, but if it happens day after day, it can make work more difficult. Repeated comments create an additional burden because you never know when it’s coming, and you can feel stressed and on guard.

What consequences does the action entail?

If the victim is, for example, on sick leave as a result of harassment, this can be aggravating.

How is the legislation enforced?

Breaches of the Working Environment Act and the Equality and Discrimination Act should ideally be resolved by the employer through dialogue with the parties.

If this is not possible, or if the employer does not take responsibility, the case can be reported to the Discrimination Tribunal. The tribunal can impose compensation.

Serious cases of physical sexual harassment, abuse, hate speech and discrimination, threats and violence are violations of the Criminal Code, and must be dealt with by the police and courts.

What are the employer's or contractor's responsibilities?

Prevent harassment

All employers must work actively and purposefully to promote equality, prevent discrimination, and seek to prevent harassment and sexual harassment (Equality and Discrimination Act § 24).

Employers and the management of organizations must prevent harassment and sexual harassment (§ 13).

Employees must have full security against physical and psychological harm (Working Environment Act § 4). Enterprises with more than five employees must have a safety representative and routines and procedures for reporting incidents. Reporting must not have negative consequences for the one who reports (§ 2A).

Employees have a duty to cooperate and work towards a good working environment, and must ensure that the employer or the safety representative is notified as soon as they become aware that harassment or discrimination is occurring in the workplace (Working Environment Act § 2-3d).

Facilitation

The employer must organize the work so that the employees are as healthy when they go home from work as they were when they arrived.

The employer has a duty to arrange the work with regard to the individual's ability to work, and to facilitate, among other things, autonomy and professional development (§ 4-2). There are separate legal provisions on the right to accommodation in the event of reduced working capacity, and in pregnancy and parenthood, on religious holidays, and on care responsibilities for relatives (chapter 12).

The employee has a duty to participate in the facilitation work so that the employer and employee can find good solutions in cooperation.