Labour Research June 2002

European news

Harassment directive approved

The Council of Ministers and European Parliament have finally agreed the text of a new directive on the equal treatment of women and men, which includes new rules on sexual harassment.

It establishes a European-wide definition of sexual harassment as "any form of unwanted verbal, non-verbal or physical conduct of a sexual nature (which) 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".

Other key elements are:

* a statement that sexual harassment constitutes discrimination, for which the employer is liable;

* a requirement on employers to take preventive measures against discrimination, particularly sexual harassment;

* clarification of the rules on indirect and direct discrimination;

* a requirement for member states to encourage employers to produce regular equality reports for employees and employee representatives;

* the removal of any upper limits on compensation; and

* improved safeguards for parents taking maternity and paternity leave.

The text is expected to be published shortly and the directive will come into effect in 2005.