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Sexual harassment: Where does humour, flirtation, or compliments cross the line?

What is sexual harassment?

Sexual harassment encompasses any behaviour with a sexual or sexist nature, whether verbal (propositions, remarks, jokes, insults, etc.), non-verbal (exposure to pornographic images or sexual objects, for example), or physical (gestures, groping, coercion, rape, etc.), imposed on a person who does not desire it. It can occur in the workplace (between colleagues, within hierarchies, among clients), in educational settings (between students, between students and teachers), or in public spaces, among others.

Sexual harassment is defined by the LFederal Act on Gender Equality (LEg) as discrimination and an infringement of dignity: “Any harassing behaviour of a sexual nature or other behaviour related to the person’s sex that adversely affects the dignity of women or men in the workplace is discriminatory. Such behaviour includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature” art. 4). Swiss Civil Code articles. 28  ff and 28b also classify sexual harassment as an infringement of personal rights.

It was just a joke!

It is essential to understand that, regardless of the intent or awareness of the person engaging in these behaviours, sexual harassment is defined by how the person on the receiving end perceives or experiences it. Thus, a lewd joke or an uncomfortable compliment can constitute sexual harassment even if the person making the remark did not intend to bother the other individual.

Sexual harassment can take several forms: it may be directed by one person against another, a group against an individual, an individual against a group, or one group against another. It may target individuals in a lower, equal, or higher hierarchical position.

Some behaviours may seem innocuous but constitute sexual harassment when the targeted person feels uncomfortable, particularly if these actions are repeated (although repetition is not necessary – it can be a single act). Such behaviours include:

making a sexual joke in the presence of colleagues around the coffee machine,
staring intently at a colleague’s chest or buttocks in an elevator,
following a classmate through school hallways or after classes end,
displaying a nude calendar in a shared workspace,
sending a sexist cartoon or joke via email or messaging,
making embarrassing comments about a colleague’s, classmate’s, or student’s attire,
making sexist or homophobic remarks,
promising an advantage to a subordinate in exchange for a kiss or a sexual favour, or threatening retaliation if they refuse,
hugging a colleague without consent,
catcalling or commenting on someone’s appearance or clothing in the street.

Flirtation and mutual attraction are distinguished from sexual harassment: the former involves consent and reciprocity, while the latter is imposed and uncomfortable for the individual confronted by it.

Beyond creating an intimidating, unsettling, or even hostile environment, sexual harassment can have severe impacts on the physical and mental health of the victim. Stress, self-esteem issues, difficulty concentrating, sleep disorders, anxiety, panic attacks, eating disorders, or even suicidal thoughts are some of the potential harms caused by harassment.

How to act (or react)?

Victims of sexual harassment need to act to protect themselves. Various laws apply depending on the situation (civil code, code of obligations, penal code, labour law, gender equality law).

For direct violations of sexual integrity (touching intimate parts over or under clothing, sexual acts from touching to rape), victims can contact a LAVI centre. This also applies in cases of repeated exposure to pornographic or suggestive images or sexual advances.

In the workplace

In the workplace, employers are legally obligated (art. 328 CO) to protect employees’ dignity and prevent sexual harassment (and to immediately stop it if it occurs). If the measures taken do not prevent sexual harassment, action should be taken to put an end to it and to protect oneself from possible professional repercussions (this article explains the steps to follow).

The Federal Office for Gender Equality (BFEG) provides the following guidance for employees:

Never tolerate harassment under any circumstances.
React swiftly and firmly.
Make it clear, verbally, to the harasser – even if they are a superior or colleague – that their behaviour is unacceptable.
Seek help without delay.

If, despite expressing your disapproval, the harasser does not change their behaviour, consider the following steps:

Formally demand that they stop harassing you in writing.
Speak with someone you trust and keep a log of the harassment incidents.
Inform your company’s representative for sexual harassment cases, HR, or your direct supervisor.
Send a registered letter to the relevant company department, requesting intervention. You may also lodge a verbal complaint; if so, ensure it is recorded in writing or bring a witness.
If your company does not intervene, you may contact the cantonal conciliation office.
Consider legal action. Carefully review your options and seek guidance from a specialist such as an equality office, counselling service, union, employee association, or lawyer.

In educational institutions

In an educational setting, management has an obligation to prevent and address sexual harassment if it occurs. Schools should provide resources to support both victims and perpetrators and clearly communicate these resources to students and staff.

Some sex education courses are offered to students during compulsory schooling. These classes, managed by the cantons and taught by specially trained public health professionals, serve dual purposes of education and prevention.

A student experiencing or witnessing sexual harassment in school can turn to a “resource person” who will manage the harassment situation. This person may be a school administrator, a school nurse, a school mediator, a teacher, or a chaplain.

In vocational training

Sexual harassment in apprenticeships is covered in detail in this comprehensive article aimed at parents, which includes a step-by-step guide:

Take your son or daughter seriously if they report sexual harassment at their apprenticeship.
Inform the person who has crossed boundaries directly. Your child might feel able to address this person directly, letting them know the behaviour is unacceptable and must stop.
If this is not enough and the behaviour continues, encourage your child to avoid contact with the person, if possible, and to document all conversations and incidents.
A workplace mediation or counselling service may be available. You or your child can seek advice there.
If internal procedures are impossible, consult an external support agency. Each canton has victim assistance centres, specialised offices, or information platforms. Pro Juventute also provides guidance for children, young people, and parents.
Report the incidents to supervisors. Once aware of sexual harassment, they must take action (whether you request it or not).
It may also be possible to press charges. Sexual harassment has legal grounds making such behaviour punishable in the workplace.

In post-secondary education, the topic of sexual harassment is thoroughly addressed with legal and practical information in a 92-page brochure published by the Coalition Against Sexual Harassment in Educational Institutions. HES-SO (University of Applied Sciences and Arts Western Switzerland), with over 20,000 students across nearly 30 campuses, has also developed a “tool for human resources, directors, faculty, students, and administrative and technical staff” to “advance prevention and awareness of sexual harassment.”

In public spaces

Street sexual harassment describes sexually harassing behaviours in public spaces (public areas, streets, public transport), typically targeting women or sexual minorities, often perpetrated by strangers. These sexual or sexist misdemeanours may include whistling, catcalling, lewd remarks, insults, following, etc.

Unlike in some other countries, Swiss law does not specifically recognise street sexual harassment; the Swiss Federal Council considers this the responsibility of local authorities. However, this does not mean street harassment is not punishable: behaviours such as insults, threats, or groping, for example, are illegal and can be reported to the police.

A 2016 survey in Lausanne revealed that “72% of women aged 16 to 25 surveyed reported experiencing at least one episode of street harassment in Lausanne in the previous 12 months, and for 50% of victims, harassment occurred at least once a month.” This widespread phenomenon has led authorities increasingly to rethink public spaces and launch awareness and prevention campaigns.

Sources and resources (in French)

SWITZERLAND

GENEVA

VAUD

FRIBOURG

VALAIS

NEUCHÂTEL

BERN

JURA

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