Sexual Harassment In The Workplace: What Dutch Companies Need To Know

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What constitutes sexual harassment?

Sexual harassment occurs if someone shows verbal, non verbal or physical behavior with sexual connotation which aims at and results in the affection of the dignity of the other person. This is in particular so if a threatening, hostile, offensive, humiliating or hurting environment is created. No justification for such behavior exists, which means that sexual harassment is not allowed whatsoever. Whether it is considered to be sexual harassment is to a large extent dependent on the answer to the question whether the behavior was unwanted.

What body of law governs sexual harassment in your jurisdiction?

The prohibition on sexual harassment is included in article 1a Gender Equality Act, an implementation of Directive no. 2002/73/EC. Article 1a of the General Act on Equal Treatment also explicitly includes a prohibition on sexual harassment, an implementation of Directive 2004/113/EC. Apart from that, the prohibition on sexual harassment is laid down in article 7:646 of the Dutch Civil Code...

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