After the Metoo campaign, the harassment clauses in the Equality and Anti-Discrimination Act, the Criminal Code and the Working Environment Act gained new relevance. There is now a new definition in the Working Environment Act which will clarify what constitutes sexual harassment.
On Friday 3 March, the government considered the new bill, which has now been sent to the Parliament for final approval.
A clarification of sexual harassment
In the bill, the terms sexual harassment and harassment are defined and proposed to be incorporated into the Working Environment Act § 4-3 (3) on harassment and inappropriate behaviour.
The following definition of harassment shall be included:
“Harassment” means acts, omissions or statements that have the purpose or effect of being offensive, frightening, hostile, degrading or humiliating.
And the following definition of sexual harassment shall also be included:
«Sexual harassment» means any form of unwanted sexual attention that has the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.
Both definitions are intended to correspond to Section 13 of the Equality and Anti-Discrimination Act. It is not intended to change the applicable law, but to clarify what is meant by harassment. The amendment to the law is also intended to clarify that the Working Environment Act also covers sexual harassment.
You can read the bill Prop. 48 L (2022-2023) here (Norwegian only).
International agreement against harassment in working life
Together with the amendment to the act, the government proposes that Norway ratify C190 - Violence and Harassment Convention, 2019 (No. 190). It is assumed that a Norwegian ratification will not require legislative amendments because Norway already has a comprehensive set of regulations against violence and harassment in working life.
The convention is the first international agreement that targets violence and harassment in working life.
You can read ILO Convention No. 190 here.
