Step 3 - Standard operating procedures
Develop procedures on how to report and follow-up incidents of sexual harassment. Inform all the employees about the procedure.
Develop procedures on how to report and follow-up incidents of sexual harassment. Inform all the employees about the procedure.
If there are no procedures in place, employees will feel insecure about when to notify management. Managers will be unsure of their responsibilities. This may result in transfer of responsibility to the victim and trivialising of the victim’s experiences. The consequences may be sickness absenteeism or conflicts, and this may eventually result in employees handing in their notice.
Employees must always report experiences of unwanted sexual attention and offensive behaviour, whether carried out by customers, guests, clients, colleagues or managers. All employees who witness or know of a harassment incident are obliged to notify the employer or safety representative. If a manager is the problem, the manager’s immediate superior must be notified.
Employees may also contact the occupational health service (“bedriftshelsetjeneste”, BHT), the Labour Inspection Authority or the Equality and Anti-discrimination Ombud for advice and guidance.
Links to the Labour Inspection Authority and the Equality and Anti-discrimination Ombud:
Managers are obliged to investigate allegations of harassment in the workplace and must react immediately.
With regard to harassment by customers, guests or clients, it is important that there is always a responsible member of staff present who has the authority to reprimand the undesirable behaviour or action, and who can ensure that the behaviour results in consequences for the customer, guest or client. All such incidents should also be reported and recorded for possible follow-up at a later date.
With regard to allegations of harassment between employees, it is important that the manager dealing with the matter is not in any way the accused party. Separate meetings must be held with the parties in order to clarify the facts, and/or the experiences of the parties. Both the accuser and the accused are entitled to be heard and to present their versions of the matter. The parties have the right to testify without the other party being present. Both parties should be encouraged to be accompanied by a representative (safety representative, employees’ representative or colleague) and minutes must be taken of the meeting. No conclusion must be drawn until both parties and any witnesses have testified (principle of hearing both sides of a case).
Whistleblowing involves reporting something one perceives to be censurable/wrong to someone who can do something about the matter. The aim of sound procedures for dealing with such matters is that it must be safe to notify management and that the censurable conditions must be brought to an end. Reports of harassment must have no negative consequences for employees. The same applies to any witnesses who have come forward. The prohibition against retaliation is regulated by section 2 A-2 of the Working Environment Act and section 14 of the Equality and Anti-Discrimination Act.
To prevent further negative development of the matter, it is important to follow up on those involved. All cases must be documented in personnel and health, safety and environment (HSE) systems. It is important to assess whether there is a need to improve the procedures for preventing or dealing with harassment.
A person who feels harassed may adopt any of the following procedures.
If a manager hears/learns or knows of harassing behaviours, he or she is obliged to deal with the matter as if a report had been submitted.
NB! Verbal reports must be recorded in writing. A person who orally notifies management will later be requested to send a written account of the incident.
Meeting with the notifier of harassment
Meeting with the person being accused of harassment
The further procedure
Following meetings with both parties, the manager must consider seeking the advice of his or her immediate superior and/or the occupational health service.
The time frame
Following completion of the investigation, the manager must assess the matter and conclude whether harassment has taken place. Possible outcomes may be any of the following:
The manager must then consider a just reaction, which may be any of the following:
For dismissal with notice and summary dismissal the general objectivity requirements apply, as laid down in the provisions on dismissal with notice and summary dismissal in chapter 15 of the Working Environment Act.
If the employer finds the harassment to be so severe that it falls under the Penal Code, the employer must consider reporting the matter to the police.
- to prevent and deal with sexual harassment
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