Ombudsman for Equality

Harassment in the workplace

Employers are responsible for ensuring that their employees are safe from sexual harassment and harassment on the basis of gender in their professional lives. Failure of employers to take appropriate action to stop harassment in any reported cases of employees having become victims of sexual harassment or harassment on the basis of gender in the workplace is deemed to constitute discrimination under the Finnish Equality Act.

Employers become responsible for stopping harassment when harassment is brought to their attention. Failure of an employer to take appropriate action to stop any reported harassment by holding perpetrators accountable and preventing further offences, for example, constitutes a violation of the prohibition of discrimination.

Any cases where the harasser is the employer (managing director, member of the board of directors or some other person in a senior managerial position) are deemed to constitute violations of the prohibition of discrimination without the victim expressly notifying the employer’s representative of the harassment. Victims are nevertheless generally expected to indicate to the harassers that their conduct is unwanted, unless there are specific reasons for not doing so. For example, indicating reluctance should not be considered a factor in cases involving threats of professional detriment unless the victim submits to the harassment. Furthermore, victims are not expected to indicate the undesirability of conduct that the perpetrator should by normal standards recognise as harassing or otherwise unwelcome.

Victims can report harassment to a supervisor, health and safety officer, employee representative or occupational health authorities. Advice and help is available from occupational health and safety authorities, trade unions and the Office of the Finnish Ombudsman for Equality.

Employers are responsible for intervening in any suspected cases of harassment and for taking appropriate action to stop it. Only employers have the necessary authority and means to deal with harassment:

• cautioning perpetrators
• issuing warnings
• rearranging responsibilities or workspace
• terminating employment contracts.