Sexual Harassment Protocol at Work

Equality legislation requires companies to involve employee representatives in implementing sexual harassment protocols, with the aim of protecting victims.

As a rule, both parties will reach agreement on a sexual harassment protocol that suits their needs, since each company will have its own specific circumstances that allow for a tailored implementation of the protocol.

A good example of a sexual harassment protocol is the one negotiated between employer associations and trade unions in the collective bargaining agreement framework collective bargaining agreement for the wholesale food distribution sector in Catalonia. The agreement defers to whatever the parties have agreed upon; however, where no agreement exists, sexual harassment complaints (and also workplace harassment complaints, as provided for in the agreement) will be handled as follows.

Model harassment protocol

Specific measures to prevent sexual and workplace harassment, and a procedure for handling complaints within companies

Sexual harassment shall comprise any verbal or physical conduct of a sexual nature whose purpose or effect is to violate a person's dignity, in particular where it creates an intimidating, degrading or offensive environment. Gender-based harassment shall comprise any conduct carried out on grounds of a person's sex, whose purpose or effect is to violate that person's dignity and to create an intimidating, degrading or offensive environment.

Workplace harassment (moral harassment) shall mean any conduct, practice or behaviour carried out in a systematic and sustained manner within an employment relationship, which directly or indirectly undermines or violates the dignity of the employee, and which seeks to subject that person to emotional and psychological harm in a violent or hostile manner, with the aim of undermining their capabilities, professional development or continued employment, thereby adversely affecting the working environment. Such conduct shall be considered particularly serious where it is motivated by the employee's racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Companies shall be required to promote working conditions that prevent sexual harassment, gender-based harassment and workplace harassment, and to establish procedures for prevention and for processing complaints or claims submitted by those who have been subjected to such conduct.

To this end, measures may be established that must be negotiated with employee representatives, such as:

the development and dissemination of codes of good practice,
the running of awareness and information campaigns,
training activities.

Employee representatives shall contribute to the prevention of sexual harassment, moral harassment, and gender-based harassment in the workplace by raising awareness among employees and by informing company management of any conduct or behaviour that comes to their attention and that may give rise to such situations.

Where no action protocol agreed with the Legal Representatives of Employees exists within the company, the following shall apply:

At company level, the Harassment Situations Investigation Committee (CITSA) shall be established as the body responsible for managing the process set out in this procedure.

This Committee (all members of which shall be external to the workplace in which the situation under review occurred) shall be composed of:

a medical officer attached to the occupational health and safety service,
a representative of the central occupational health and safety service, where one exists, and
a representative of the HR department.

Investigation procedure:

A resolution procedure is established whereby employees who consider themselves to be subject to harassment may submit a formal complaint.

The procedure shall be initiated by means of an intervention request submitted by the alleged victim of harassment, who may direct it, at their discretion, to the Harassment Situations Investigation Committee (CITSA) or to the medical officer attached to the occupational health and safety service. If the employee so wishes, they may also approach employee representatives, who may assist them in submitting the intervention request.
The request for intervention must be submitted in writing, or by recorded delivery, to the address of the Harassment Situation Instructing Committee, or by any other means the Committee may establish, such as email, scheduled interview, telephone, etc., requesting the Committee's intervention.
Subsequently, the Committee will request an account of the various incidents and acts, the identification of the person or persons engaging in the unwanted behaviour, and any possible witnesses to such conduct and acts.
In all cases, employees may be assisted in their appearances before the Instructing Committee by a workers' representative of their choice or any legal representative they consider appropriate.
Once the request for intervention on harassment matters has been formally notified, the Instructing Committee will open the investigative phase, or preliminary information file, aimed at establishing and verifying the reported facts. All parties involved, witnesses, and any other persons the Committee considers necessary will be heard, including the legal representatives of the workers at the centre, and all enquiries deemed necessary to clarify and verify the reported facts will be carried out.
This process will be conducted on the principles of confidentiality, speed, adversarial process, and equality.
During the handling of the proceedings, and to the extent that the organisation of work permits, a change of position will be facilitated for the complainant or the person accused.
The Committee has a maximum period of thirty days to issue a reasoned decision on the request for intervention. This period begins from the moment the Committee is formally notified of the request. Accordingly, the investigative or information-gathering phase will conclude with the Committee's determination, in the form of a written report, which will be communicated in the first instance to the person who submitted the request.

Measures to be taken following a complaint of sexual harassment or moral harassment:

Where the report confirms that harassment has occurred, it will be referred to the head of the personnel department so that appropriate corrective measures may be taken and the relevant legal sanctions applied.
Where the report finds no evidence of harassment, or where it is not possible to verify the facts, the file will be closed and the process deemed concluded. The feasibility of changes to the employee's role and/or workplace will be assessed under the same employment conditions, should the affected employee request this.
The company shall ensure that the following employees will not be subject to retaliation, intimidation, or victimisation, such that any action of this nature will be treated as a matter subject to disciplinary sanction:
1. Those who consider they have been subjected to harassment
2. Those who raise a harassment complaint, or
3. Those who provide assistance in any process, for example by supplying information or acting as a witness
The company shall inform employee representatives at the workplace of all cases of sexual or moral harassment that result in the imposition of a serious or very serious disciplinary sanction.

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