EU to launch crackdown on workplace sex pests

Date: 18/04/02

By Martin Banks

TOUGH new laws aimed at tackling sexual harassment in the workplace are set to be introduced across the EU after a breakthrough in conciliation talks last night (17 April).

The legislation, which will protect both men and women from unwanted attention, will come into force in 2005.

Crucially, it puts the onus on employers to show that they have taken all necessary preventative measures to ensure sexual harassment does not occur on their premises.

Firms may have to put up notices explaining the new law in staff canteens and face being fined, along with the offender, under the new legislation.

The law also establishes, for the first time, a legal definition of sexual harassment encompassing all forms of unwanted sexual conduct. Everything from physical contact to sexual jokes, remarks about someone's figure, 'wolf whistles' and staring will be covered under the definition in the Equal Treatment for Men and Women at Work Directive.

Social Affairs Commissioner Anna Diamantopoulou said she was delighted that political agreement had been reached on such 'crucial' legislation after two years of conciliation between the Commission, Parliament and Council of Ministers.

A recent Commission study found that between 40-50 of female employees across the EU suffer from unwanted advances.

Diamantopoulou said: 'The general level of awareness of sexual harassment in member states is very poor. With this directive, the EU introduces important new provisions on preventive measures against sex discrimination, sexual harassment, maternity leave and company equality plans. Sexual harassment, absent from most national laws, will finally have a name in European law.'

The Commission says the current 'hotch-potch' of anti-discrimination laws in member states has done little to tackle the problem.

The new directive will ensure that harassment is treated as discrimination, giving victims access to remedies such as compensation or job moves.

Diamantopoulou said the move, part of a comprehensive revision of a 26-year-old directive on equal opportunities, was needed to reflect the EU's greater emphasis on the elimination of inequalities.

Officials said the incorporation of sexual harassment references into EU legislation is likely to be felt most in Greece and Portugal, where existing laws do not explicitly make it an offence.

Other countries, such as the UK, France, and Belgium, will be less affected because a strong body of case law on harassment already exists.

Finnish Green MEP Heidi Hautala, Parliament's rapporteur on the directive, described the new law as a 'great victory'.

She said: 'Sexual harassment is a widespread problem. Now, for the first time, employers will be obliged to do something about it.

'It is important that the Commission closely monitors member states to ensure the directive is fully implemented,' added Hautala, a member of the committee on women's rights and equal opportunities.

Welsh Socialist Glenys Kinnock, a long-time women's rights campaigner, said: 'I naturally welcome this.

'Everyone, men and women, has the right to go about their work without being in fear of suffering sexual harassment.'

Tough new laws aimed at tackling sexual harassment in the workplace are set to be introduced across the EU after a breakthrough in conciliation talks, 17 April 2002.