Global
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and other forms of employment discrimination are prohibited in most countries around the world. The specific laws that apply, the definitions and protected characteristics in those laws, and how to seek relief vary from country to country.
The information below describes what laws usually prohibit employment discrimination and harassment, the protected characteristics that are often defined in a country’s law, definitions of unlawful conduct, how an employee who believes they are being subjected to workplace harassment or discrimination may seek relief, what remedies are often available and prohibitions on retaliation. This information is not specific to any particular country.
Applicable Laws
In most countries, employment discrimination and harassment on the basis of certain protected characteristics are prohibited under national law. In addition, regional, state or local laws may make employment discrimination and harassment unlawful and may define protected characteristics not covered under national law.
In many countries, workplace safety laws require employers to provide a workplace free of known hazards to physical and psychological safety, including abusive conduct. Under these laws, subjecting an employee to abusive conduct may or may not be unlawful. Even where abusive conduct is not unlawful, the laws in many countries require that an employer take steps to prevent abusive conduct to employees and to stop this conduct if it occurs.
Protected Characteristics
Protected characteristics are defined in national law and sometimes in regional, state or local law. The specific protected characteristics that apply depends on where you work.
In many countries, harassment or discrimination based on the characteristics set forth below is prohibited.
- Sex or gender
- Race or ethnic origin
- Disability
Some countries prohibit discrimination on the basis of a broad range of protected characteristics, which may include those listed below.
- Religious belief or affiliation
- Political opinion or affiliation
- Trade union membership
- Age
- Social or economic status
Definitions
In many countries, unlawful conduct such as harassment, sexual harassment and discrimination are defined in national law and sometimes in regional, state or local law. The specific definitions of these terms varies from country to country. The following definitions are those of the European Commission and may not apply in the country where you work.
Sexual Harassment
Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, that has the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sex-based Harassment
Any form of unwanted conduct related to the sex of a person that has the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sex Discrimination
Direct discrimination occurs where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation.
Indirect discrimination occurs where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
Filing a Claim
The process by which an employee who believes they are being subjected to workplace harassment or discrimination may seek relief varies from country to country.
In many countries, a government agency oversees resolution of employment harassment and discrimination claims. These agencies may offer advice and assistance or may oversee resolutions processes such as conciliation, where the employer and employee attempt to resolve the dispute through discussion and negotiation. Sometimes, these agencies will perform investigations and bring claims on behalf of employees.
Often, employees may also bring legal claims before administrative bodies like employment tribunals or in court.
Potential Remedies
In most countries, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
In most countries, employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.