Gender-based violence in the workplace

Gender-based violence can occur, and does occur, in every area of a person's life, both private and public. Much attention has been given to domestic violence, but it is equally important to recognise that it also takes place in other settings, such as the company. In this context, it is essential to understand the measures available for its prevention, as well as the obligations of employees and employers.

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The Departament de Treball of the Generalitat de Catalunya (the Catalan regional government's Department of Labour) has produced an informational leaflet examining the ways in which gender-based violence manifests in the workplace, the consequences it entails, and the role that companys should play in its prevention and detection.

Gender-based violence in the workplace may be physical, sexual or psychological in nature, and can take two forms: sex-based harassment and sexual harassment. This type of violence may occur both on company premises and during working hours, as well as outside them, provided there is a connection to work.

Sex-based harassment refers to unwanted conduct related to a person's sex that exploits situations involving access to employment, career advancement, job placement or training in order to undermine the dignity of women and create an intimidating, humiliating or hostile environment for them.

Examples of how this type of harassment manifests include: routinely making offensive or insulting remarks directed at a woman or made in her presence; or systematically assigning her tasks that fall below her professional grade, for instance, asking her to serve coffee or to clean.

Sexual harassment consists of any unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating a woman's dignity.

This type of harassment may take the form of unwanted physical contact by a colleague that continues even after she has made her discomfort clear, or sexual coercion used as a condition for career advancement.

The factors that may drive gender-based violence in the workplace are varied in nature. They range from entrenched gender stereotypes, traditionally associated with the roles of men and women, now transposed into the professional sphere, to the desire to exploit positions of power for sexual gain, or the wish to humiliate a woman who holds a position that another individual regards as a "man's job".

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Employer obligations in relation to gender-based violence

The Law on Effective Equality between Women and Men establishes the prevention of sexual harassment in the workplace as a duty of every company. This duty encompasses: promoting equal working conditions that prevent harassment, and establishing channels through which those who experience it can report it.

Even where the law does not require the implementation of an equality plan, it is important to adopt specific measures to prevent harassment. Every company should have an anti-harassment policy that is communicated to all staff members. This will demonstrate that the company has taken all reasonable steps to prevent instances of gender-based violence.

Companies with more than two hundred and fifty employees, or those required to do so under their collective bargaining agreement, must have an equality plan in place that includes measures to eliminate discrimination between men and women.

In this regard, we set out below some of the measures your company may adopt. We are fully available to advise you on all of these:

• Issue a clear statement from company management to all staff rejecting any conduct that could be considered degrading or constitute harassment.
•  Ensure that the Human Resources Department and the company's health and safety service have received specific training on equal opportunities between men and women and on psychosocial risks.
• Provide employees with adequate tools to report potential cases of violence on a confidential basis.
• Ensure that mechanisms are in place to prevent any reprisals against a woman who reports a case of violence.
• Establish sanctions for individuals who engage in or facilitate acts of violence against women in the workplace.

If you would like further information on how to prevent harassment through an equality plan, please follow this link.