Harassment in the workplace
Harassment in the workplace denotes a situation where an individual or group is singled out for unpleasant or offensive treatment on the part of another or others (the employer or fellow employees). The term is often used to refer to the more specific circumstance of sexual harassment.
The voluntary European Code of Practice on Harassment, introduced by the Commission in 1992, provides guidelines on steps to prevent the risk of harassment and procedural safeguards against unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work.
Commission Recommendation 92/131/EC of 27 November 1991 on the protection of the dignity of women and men at work recommended that Member States take action to promote awareness of sexual harassment, which might, in certain circumstances, violate the principle of equal treatment within the meaning of Council Directive 76/207/EEC of 9 February 1976. Furthermore, Council Declaration of 19 December 1991 on the implementation of the Commission Recommendation included a Code of Practice to combat sexual harassment.
However, the Commission Communication of 24 July 1996 concluded that the Recommendation and the Code of Practice had not led to the adoption of sufficient measures to prevent sexual harassment in the workplace and that further action at EU level was required. This eventually took the form of specific provisions in two directives: Council Directive 2000/43 which implements the principle of equal treatment between persons irrespective of racial or ethnic origin (Article 2(3)); and Council Directive 2000/78 which establishes a general framework for equal treatment in employment and occupation (Article 2(3)).
The concept of harassment was also introduced into the amendment to Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for women and men as regards access to employment, vocational training and promotion, and working conditions (as revised by Council Directive 2002/73/EC). The revised Article 2(2) defines harassment as a situation ‘where an unwanted conduct related to the sex of a person occurs with the purpose or effect or violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.’ Sexual harassment is said to occur where 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’.
See also: discrimination; discrimination on the grounds of religion or belief; discrimination on the grounds of sexual orientation; non-discrimination principle; racism and xenophobia.