Directive on Protection Against Sexual Harassment in the Workplace at the Swiss Federal Department of Foreign Affairs FDFA

Transcription

1 FDFA Directive on Protection Against Sexual Harassment in the Workplace at the Swiss Federal Department of Foreign Affairs FDFA of September 0 under the Federal Personnel Act of March 000 (LPers) the Federal Ordinance of July 00 on the Personnel of the Swiss Confederation (FPer) the Federal Act on Gender Equality of March 995 (Gender Equality Act, GEA) Chapter General Provisions Art. Principle All members of staff are entitled to have their personal integrity respected in the workplace. Sexual harassment in the workplace is a form of discrimination and is forbidden. It is not tolerated within the FDFA. Perpetrators of sexual harassment will be punished, and those who defend themselves against sexual harassment will not suffer any adverse professional consequences. Art. Subject matter and scope This directive is intended to protect the staff of the FDFA both at Head Office and abroad from sexual harassment in the workplace. All members of staff will be informed in person about their rights and obligations in this regard. Art. Duty of assistance The employer is co-responsible of the physical and psychological integrity of its employees in the workplace and is obliged to take all the measures necessary to protect their sexual integrity and personal rights. Art. Definitions Sexual harassment in the workplace is defined as any behaviour with a sexual aspect within the workplace environment that is unwanted by and humiliating to another person. SR 7.0. SR SR 5. Valid as of November 0

2 Sexual harassment may take a variety of forms, such as: - insinuating and suggestive remarks about the appearance of employees; - sexist comments or jokes about sexual characteristics, sexual behaviour or the sexual orientation of colleagues; - displaying, posting, publishing or distributing pornographic or sexist material, whether physically or electronically; - unwanted invitations with unmistakable intent; - unwanted bodily contact; - stalking of employees either at work or outside work; - Attempts to make a pass at another person (including written or electronic messages) accompanied by the promise of certain advantages or threat of certain disadvantages; - sexual assault, coercion or rape. This list is not exhaustive. In assessing whether or not observed behaviour constitutes sexual harassment, the key point is not the intention of the harasser, but exclusively how their behaviour is received by the affected person, i.e. whether it is wanted or unwanted. Please note that severe verbal sexual harassment is also punishable by law (Art. 98 of the Swiss Criminal Code). All members of staff, both men and women, may be victims of sexual harassment. 5 Sexual harassment in the workplace also covers harassment at work-related events such as Christmas dinners, business excursions, etc. If the harassment occurs outside work, it is still workplace-related if it impacts on the working relationship. Chapter Action in the Event of Sexual Harassment There are a number of appropriate courses of action. The affected person may take informal or formal action, or both at the same time. Moreover, this person may initiate other procedures as provided for in article 9 of this Directive. Art. 5 Informal procedure a. Personal Reaction to the Harasser Where they can reasonably be expected to do so, we recommend that members of staff who feel sexually harassed react immediately and tell the harasser very clearly that their behaviour is unwanted and will not be tolerated. b. Confidential Mediator in the Department and/or Line Manager Anyone who feels sexually harassed may turn at any time to a confidential mediator within the Department. The confidential mediator is a person of trust who can offer information, advice and support and is subject to a duty of confidentiality. The confidential mediator does not have any decision-making authority. They advise the affected person and take appropriate action to ensure that his or her physical and psychological integrity in the workplace is restored as soon as possible. Without the consent of the affected per- Valid as of November 0

3 son, the confidential mediator will not take any further steps and line managers will not be informed of the incident(s). A group of specially trained and appointed people is available to act as confidential mediators. The group represents women, men and the various language groups. The names, job titles and language groups of the available confidential mediators are published on the following intranet page: Confidential mediators in case of sexual harassment in the FDFA The affected person can also turn at any time directly to their line manager. It should be noted here, however, that this person may be forced to take action even if this is not wanted by the affected person. 5 Should a confidential mediator or a line manager personally notice sexual harassment, or should they learn of it from a third party, they seek to talk to the affected person and will then take any action that may be appropriate. c. Advice and Information Centers Outside the Department 6 Individuals affected by sexual harassment may also turn to one of the following offices outside the Department: a. Personnel and Social Counselling Service of the Federal Administration PSC (in German) b. Federal employees' advice service (in German) c. Federal Office for Gender Equality FOGE which can provide information on experts outside the federal administration on request : 7 These offices will treat the matter with the necessary delicacy and in absolute confidence. d. Mediation 8 Individuals affected by sexual harassment may make a written application for a mediation process to be conducted by the Mediation Commission for federal government employees, as described in the Gender Equality Act. Art. 6 Formal Procedure If the informal procedure does not improve the situation and change the behaviour of the harasser, or if the affected or the accused person does not want to pursue the informal procedure, then the employee may request an order. Valid as of November 0

4 The affected person may submit a written request to his or her employer for the issue of an order to: a) forbid or demand restraint imminent sexual harassment; b) eliminate existing sexual harassment; c) formally establish that sexual harassment exists if it continues to be troubling; d) determine compensation, where appropriate. The accused person may submit a written request to their employer for the issue of an order establishing that there is no sexual harassment. The responsible office must conduct appropriate investigations before issuing such order. If the office to which the request has been submitted is not responsible for taking specific action, for example, because it does not have any employer authority over the harasser, it will refer the matter on to the competent authority. Art. 7 Accompanying person Persons affected by sexual harassment have the option of nominating a person of their choice to accompany them through all informal and formal proceedings and discussions. Art. 8 Follow-up for affected persons After formal steps have been taken by the employer, the competent HR advisor will contact the affected person to enquire about their situation six months after proceedings have been concluded. Art. 9 Other actions In addition to informal and formal proceedings, the following proceedings are in place for affected persons: a. Proceedings under the Law on Gender Equality; b. Civil action; c. Criminal proceedings. Persons affected by sexual harassment in Switzerland can file a criminal complaint against the harasser. In the case of non-statutory offences (e.g. sexual harassment, assault and exhibitionism), the prosecution can only take place if the injured party formally presses charges within three months. Sexual harassment that occurs abroad must be prosecuted via the channels provided for under local criminal law. Chapter Sanctions / False Accusations Art. 0 Sanctions Sexual harassment in the workplace constitutes a breach of official duties. Anyone who sexually harasses another person can face disciplinary proceedings. Valid as of November 0

5 Furthermore, sexual harassment, pornography, sexual coercion, rape, the sexual exploitation of a working relationship and exhibitionism are all classified as criminal offences under the Swiss Criminal Code. The FDFA reserves the right, where appropriate, to file a criminal complaint and/or to take other action under employment law. Art. False Accusation Anyone who, without reason or against their better knowledge, accuses a member of staff of sexual harassment, can face disciplinary proceedings. Furthermore, defamation, slander and false accusation are classified as criminal offences under the Swiss Criminal Code. The FDFA reserves the right, where appropriate, to file a criminal complaint and/or to take other action under employment law. Chapter Entry into force Art. Entry into force This Directive enters into force on st November 0. Valid as of November 0