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Discrimination and sexual harassment in the workplace

Organised by AFB - Arbeiter, Freizeit- und Bildungsverein in cooperation with EZA, the European Centre for Workers' Questions, and funded by the European Union, the international conference of the IPEO platform dealt with the topic "Discrimination and sexual harassment in the workplace”. It was attended by some 55 participants from South Tyrol/Italy, Germany, Austria, Lithuania and Serbia and took place at the Cusanus Academy in Bressanone/Brixen/Italy on 5 and 6 September 2024.

Despite the significant expansion of legal protections against discrimination and violence in the workplace, international studies reveal that, when at work, company employees are still often confronted with derogatory comments, verbal and sexual harassment, and mobbing. According to a telephone survey (EWCTS 2021), approximately 10% of employees across Europe had experienced discrimination in the workplace in the year prior to the survey. Out of them, 9.6% reported verbal abuse or threats, 6% felt bullied and 2% were the target of sexual harassment. The majority of victims were women, young people in training and precarious workers. 

At the international conference organised by the AFB together with the IPEO in Bressanone/Brixen (Italy), scholars and representatives from trade unions and public and private contact points discussed the reasons for the discrepancy between the theory and practice of protection, i.e. the gap between formal protection standards and everyday workplace experiences. They called for greater social engagement in combating discriminatory behaviour, highlighting several key requirements. First and foremost, it is up to companies to ensure that a culture of respect, equal opportunities and cooperation is embedded in and implemented through company policies. Employees should be informed of these policies and the relevant contact persons at the time of hiring. Awareness-raising initiatives should be implemented to help employees better recognize various forms of inappropriate behavior and understand where the line is drawn between humor and harassment, as well as between challenging work meetings and mobbing. Contemptuous and boorish behaviour should be addressed and sanctioned at the company level. Misconduct that qualifies as criminal must be reported and prosecuted accordingly. With the rise in violent incidents, current services that assist victims of discrimination and harassment must be expanded and adequately funded to meet growing demands. Correct and respectful interaction should be promoted as a guiding principle in society to counter the increasing coarsening of social behaviour. 

Scientific studies and insights gained from counselling victims of harassment confirm that experiences of violence derail affected employees, undermining their self-confidence and motivation to work. Depending on the severity and duration, such experiences can also cause serious psychological and physical harm. At the conference, equal opportunity officers, trade union representatives and academics agreed that workplace violence stems from power asymmetries, deep-rooted gender stereotypes and prejudice. In addition to impairing the individual dignity of employees, discrimination in the workplace affects social relationships and is detrimental both for productivity and the work environment. Many companies have recognized this and, especially larger organisations, have made equal opportunities and respectful interaction a core principle in their processes, decision-making, and communication practices. 

Victims of discrimination, especially women, find it difficult to defend themselves for a variety of reasons. One key factor is the lingering influence of the long-outdated male breadwinner model – which asserts that the job market is a male domain, while women are expected to stay at home and care for the family. However, several other reasons contribute to why women do not confront discrimination or violence with enough determination and often fail to speak out altogether. The fear of not being believed plays a major role: many women choose to remain silent rather than risk having their accusations dismissed or, worse, being blamed for provoking the harassment themselves. The decision to report the case depends also on the victim’s personal circumstances: if they rely on their job and income to support their family, they may hesitate to bring up the issue internally out of fear of losing their job. Concerns about negative impacts on their work assignments, career advancement and social standing within the company can further deter victims from standing up for themselves. New hires, trainees or those on trial period occupy lower positions in the hierarchy, which creates a significant imbalance in terms of power and communication. 

In small businesses, there are often no designated contact persons to whom victims can turn confidentially. Many employees are not adequately informed about the legal protection available to them and are unaware of external offices or contact points that offer professional assistance, either anonymously or through confidential conversations. Precarious workers, especially those with a migrant background, have limited resources to defend themselves against unfair and derogatory treatment at work. This is often due to heavy workloads, language barriers that make it difficult to express their complaints and lack of familiarity with the legal framework. In the case of women with a migrant background, cultural norms and the level of independence expected of women in their culture of origin also play a significant role.

EU countries are addressing discrimination in the workplace through various measures. A milestone in this regard is the Istanbul Convention. Signed by the Council of Europe in 2011, this international treaty provides a clear definition of what "violence and harassment" in the workplace is and mandates that States implement preventive and protective measures to counter it, establish effective procedures for investigating wrongdoing and pay compensation, provide assistance to victims (including through non-governmental organisations), and conduct information and awareness-raising campaigns. After considerable delays, EU countries have signed the agreement and enacted national laws that have enhanced protection against violence generally and specifically in the workplace. The ILO Convention, an international agreement aimed at combating violence and harassment at work, came into force in 2021. 

In 2007, the social partners signed a European Framework Agreement with recommendations for preventing and combating harassment and violence at work. This Agreement emphasized that employers are responsible for developing effective workplace strategies and called for comprehensive measures to raise awareness, provide education, address and report acts of harassment and violence and protect victims. In various countries, protection provisions based on the Istanbul Convention have been incorporated into collective agreements. Agreements between the social partners, both nationally and locally, promote information and education on workplace discrimination beyond statutory protections. However, trade unions should have a stronger power of initiative on equality issues so that the principles of employee protection against discrimination can be turned into concrete actions. Regarding information and educational activities, equal opportunities are a natural focus for trade unions and social organisations, not least thanks to the course set in social partner agreements at local level and the availability of joint funding opportunities.