Following the major #MeToo campaign in 2017, the focus on sexual harassment has increased, and since the new year, the Working Environment Act has also specified that employees are protected against sexual harassment.
In 2023, the Norwegian Parliament ratified ILO Convention No. 190 on the elimination of violence and harassment in the working life. Norwegian law already complies with the requirements of the convention, but the Ministry recognised the need to clarify the protection against sexual harassment, also in the Working Environment Act. Therefore, the following definition is now included in section 4-3, third paragraph, third sentence of the Act:
“Sexual harassment means any form of unwanted sexual attention that has the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.”
A prohibition against sexual harassment, and the employer's obligations to prevent such behaviour, already follows from the Equality and Anti-Discrimination Act. The new definition in the Working Environment Act is therefore not intended to change current law.
The purpose of the amendment is to ensure that efforts to combat sexual harassment are taken more seriously than previously. The legislator believes that a separate definition of sexual harassment in the Working Environment Act may lead to a stronger focus on preventive work locally in the businesses.
The amendment may also make employees more aware of the employer's responsibility. In other words, there are many good reasons for employers to be aware of their responsibility and prioritise preventive work in their business.
Among other things, clear guidelines should be drawn up that prohibit sexual harassment, good training should be provided for employees and at the same time information should be provided about the consequences of violating internal guidelines.
A greater focus on the topic from the employer's side will help to create a safe workplace for all employees. Does your organisation need assistance in this work? We at Littler have extensive experience in this field, and we are happy to assist your organisation.
