Swedish Labor Court Clarifies Employer’s Obligation to Investigate Claims of Sexual Harassment in the Workplace

Precedential Decision by Judiciary or Regulatory Agency

Author: Anna Jerndorf, Partner — Advokatfirman Törngren Magnell KB

The Labor Court recently tried a case regarding the employer’s obligation to investigate claims of sexual harassment in the workplace under the Discrimination Act (2008:567). The court clarifies who can be deemed to perform work on behalf of the employer and thus be covered by the law. In the case, it was found that the employer had not been obligated to investigate the employee’s claims of sexual harassment since the person who allegedly had harassed the employee was not considered to perform any work for the employer. Both the District Court and the Labor Court pointed out that the employer did have a responsibility to ensure a safe and good work environment under other legislation, but that it was outside the scope of this case.

Audit on How Employers Handle Sexual Harassment in the Wake of the #MeToo Campaign

Important Action by Regulatory Agency

Author: Anna Jerndorf, Partner — Advokatfirman Törngren Magnell KB

In the wake of the global #metoo campaign, thousands of women have published collective appeals regarding their experiences of sexual abuse and harassment in various different industries, and signed petitions demanding zero-tolerance against sexual abuse and sexual harassment in the workplace. The appeals have received massive attention in the Swedish media as well as by the government. As a result, the Equality Ombudsman (Sw. Diskrimineringsombudsmannen) has announced that they will perform an audit on approximately 40 companies within different industries such as media, culture and justice, to scrutinize how sexual harassment in the workplace is handled.