Summary
Harassment by an employer is punishable only where there is an abuse of workplace dependency (Article 343 GCC), not every relationship involving professional calculation. This page explains when the abuse is established, the protection of job applicants, and abuse of a position of authority. This information is general and is no substitute for individual legal advice.
Contents
- Is sex between an employer or manager and an employee punishable?
- What applies when someone is looking for work?
- When does abuse of workplace dependency occur?
- What if the employer “merely” makes sexual gestures or propositions?
- When does abuse of a position of authority occur?
Frequently asked questions — workplace sexual harassment
Is sex between an employer or manager and an employee punishable?
Not always. Only where there is an abuse of workplace dependency (Art. 343 GCC). The law does not punish every sexual act entered into out of calculation (for financial gain or career advancement). What is punished is the employer or superior who compels an employee into a sexual act, where the “consent” was the result of the abuse of workplace dependency (fear of unfavourable treatment or hope of favourable treatment). Mutually self-interested relationships, in which the other party freely agreed after weighing things up, are not punished.
What applies when someone is looking for work?
A person looking for work is in a weaker position and therefore deserves protection. If a prospective employer “compels” a prospective employee into a sexual act, making the job offer conditional on some sexual quid pro quo, they are punished with imprisonment of 2–5 years (Art. 343(b) GCC).
When does abuse of workplace dependency occur?
There must be a hierarchical relationship of superiority between perpetrator and victim, such that the perpetrator “compels” the victim. The judge examines whether the victim gave in while pursuing rewards, without being under the sway of fear or coercion — that is, whether they acted freely. There is no abuse where the victim freely agreed or took the initiative with professional gains in mind.
What if the employer “merely” makes sexual gestures or propositions?
They commit the offence of affront to sexual dignity (Art. 337 §4 GCC): an offence exists where the employer or hierarchical superior directs sexual gestures or propositions at a person who is in a relationship of workplace dependency on them, or who is seeking a job, provided they exploit their workplace superiority.
When does abuse of a position of authority occur?
It concerns staff in institutions, prisons, detention facilities, schools or hospitals who enter into sexual relations with people who live, are detained, or are receiving treatment there. The perpetrator compels the person in their care through an “abuse of position”. The mere status of official and service-user is not enough; there is no offence where the victim acted of their own free will.