Sexual harassment

Definition

Sexual harassment occurs when one person shows transgressive sexual behaviour to another. Think of direct requests, indirect innuendos, touching, sexual assault, rape, sexually tinted comments or sending or hanging up sexually explicit pictures in the workplace, whether or not via social media. The victim's experience is central. Not how behavior is intended, but how it is experienced by the victim, is normative.

Your task

The Working Conditions Act includes obligations that employers and employees must comply with. Employers are required to implement policies aimed at ensuring the safety and health of employees and promoting employee well-being.

In summary, the manager must also ensure a safe and pleasant working environment. This goes beyond just protecting an individual employee in such cases. The manager must take active and preventive measures to protect employees from sexual harassment or to tackle sexually transgressive behaviour. This also includes employees such as cleaners, interns and temporary workers.

You observe sexual harassment

  • talk to the perpetrator about his behavior
  • make concrete agreements about improving behaviour, record them and have them signed and evaluate the agreements
  • point out the consequences of the perpetrator and record the conversation
  • also use the annual appraisal to address sexual harassment
  • record things in the personnel file
  • call in the confidential adviser for advice on the approach
  • if necessary, contact the company doctor, P&O, company social work
  • if necessary, take disciplinary measures in consultation with P&O, the confidential advisor and/or the legal department

Complaint about colleague

How do you deal with a complaint from someone in your team about a colleague:

  • realize that the reporter has taken a big hurdle and take him seriously
  • ask what the reporter wants with the complaint
  • ask for the facts and don't rely on emotions
  • don't take sides
  • focus on the behavior
  • gather information quickly
  • ask the reporter to provide a (written) report of situations that occur with word use, time, location and concrete descriptions
  • speak to both parties separately and, if necessary, to both parties at the same time
  • disapprove of the transgressive behaviour and indicate how you want the manners in the workplace to be and continue as under 'You observe sexual harassment

Prevention

  • realize that you have an exemplary role and act accordingly
  • publish the policy on transgressive behaviour in your department
  • during annual appraisals, ask about the experience of the working atmosphere as a fixed part
  • be alert to the working atmosphere and regularly gauge how employees experience it
  • be alert to (short-term) absenteeism
  • ask about the prevention of sexual harassment in the RI&E and include control measures in the PoA
  • ask about the employee satisfaction survey