With effect from 1 July 1998, Sweden's Act on Equality between Men and Women has been tightened up. The employer's responsibility for preventing sexual harassment at the workplace is made clearer and a definition of the concept of sexual harassment is now laid down in the Act.
In May 1998, the Swedish Parliament adopted amendments to the Act on Equality between Men and Women, based on a government bill entitled Peace for women (Kvinnofrid), aimed at combating violence against women. Three reports formed the basis for the bill: an investigation into prostitution; the conclusions of the Commission on Violence against Women; and a report about sexual harassment at the workplace (SE9710149N).
In the light of the last-named report, the Government proposed that the employer's obligations to prevent sexual harassment be further emphasised in the Act, and that a definition of the concept of sexual harassment be introduced. According to the bill, the concept should be interpreted as "unwelcome behaviour of a sexual character or other unwelcome behaviour based on sex, which violates the worker's integrity at the workplace". Parliament adopted the bill as proposed, except for adding an elucidation about sexual harassment. To emphasise that sexual harassment in most cases is a form of behaviour based on sex without such behaviour having a sexual character, Parliament decided that the notion "unwelcome behaviour based on sex" should be placed before "behaviour of a sexual character".
The Government considers it to be of great importance for informational purposes that a definition of sexual harassment is expressly stated in the Act on Equality between Men and Women. The employer is now also obliged to provide a policy for combatting sexual harassment. According to the Equal Opportunities Ombudsman, Lena Svenaeus, the amendments to the Act will provide an incentive for the employer to initiate an action plan and procedures for dealing with sexual harassment. The changes to the Act will take effect on 1 July 1998.