Recent news highlights that sexual harassment is a widespread problem for female soccer players in Norway. In fact, every sixth player at the top level of women’s soccer in Norway has experienced inappropriate behavior from coaches or other support personnel. Given the significant societal issue that sexual harassment represents, this article aims to clarify what constitutes sexual harassment in Norway and to discuss employers’ obligations to prevent such behavior.
What conduct can be categorized as sexual harassment?
Before diving into an employer´s obligation to prevent sexual harassment, it is necessary to have a clear understanding of what behavior represents sexual harassment. Under the Norwegian Equality and Anti-Discrimination Act, “sexual harassment” is defined as:
any form of unwanted sexual attention that has the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.
In short, the conduct must contain sexual attention that must be unwanted by the recipient. The broad definition may include actions such as:
- Attempted rape.
- Unnecessary touch.
- Verbal remarks, for example comments about the recipient´s body, clothing, or private life.
- Non-verbal behavior, for example sexual allusions or body movements that have sexual undertones.
It is not a requirement that the attention be motivated by sexual desire or be overly sexualized. The assessment should be conducted objectively and can vary greatly from case to case, depending on the circumstances of the situation.
The term “unwanted” normally implies a request for the recipient to speak up. However, this request is not absolute. If a reasonable person should have understood that the attention was not mutual, it may be regarded as “unwanted” even though the recipient did not speak up.
Furthermore, the sexual attention must have the purpose or effect of being troublesome.
The wording illustrates that it is sufficient for the conduct to be perceived as troublesome for the person towards whom the behavior is directed.
The term “troublesome” sets the threshold for identifying sexual harassment, indicating that the behavior must be at least “troublesome” or more to qualify. The following guiding points are relevant in the assessment:
- The person´s subjective experience – particularly if it has had negative consequences for the recipient.
- The nature of the action.
- The relationship between the parties – especially if there is a difference in power between them.
- Time and place of the action.
- Whether the action has been ongoing over time.
Time-relevant examples by female soccer players include experiences of unwanted physical contact, such as pinching, hugging and kissing, against their will. If such treatment is severe enough or is carried out systematically to the extent that it can be categorized as sexual harassment, the treatment can cause unwanted sick leave due to anxiety, depression and physical stress reactions. This is unfortunate, especially considering the significant underrepresentation of women in soccer.
Employer's obligation to prevent sexual harassment
Fortunately, the Equality and Anti-Discrimination Act mandates that employers prevent sexual harassment in the workplace. There are several ways employers can fulfill this obligation. Key aspects include:
- Clear policies and guidelines: Employers should establish clear and easily accessible policies and guidelines that define sexual harassment, outline prohibited behavior, and offer guidance on reporting procedures.
- Training and awareness: Employers should provide training and awareness programs to employees to educate them about sexual harassment, its forms, effects, and the importance of prevention.
- Reporting mechanisms: Employers should have a confidential and dependable reporting mechanism in place for reporting incidents of sexual harassment.
- Investigation and action: Once a complaint is filed, employers are obligated to conduct comprehensive and unbiased investigations to determine the validity of the claim. If harassment is confirmed, appropriate corrective action must be taken promptly.
Merely complying with legal obligations serves as a foundational step. Managers should take clear responsibility, facilitate open communication in the workplace, and implement ongoing training programs to prevent the societal issue that sexual harassment represents. By taking proactive measures against sexual harassment, employers can contribute to a safer environment for female soccer players – a necessity considering the need for every woman to participate on the soccer field!
