1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

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Czech Republic
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The issue of sexual harassment in the workplace became relevant in relation to preparatory measures regarding the planned EU accession in May 2004.

Between 2004 and 2006, sexual harassment was covered by the Labour Code, which defined sexual harassment as conduct of a sexual nature in whatever form, which:

  1.  the employee legitimately perceives as unwelcome, inappropriate or offensive; and
  2. intends or has the effect of reducing the dignity of the person or creating an intimidating, hostile, degrading, humiliating or offensive environment in the workplace; or
  3. might be perceived as a precondition for decisions that affect the exercise of legal rights and obligations arising from employment relationships.

The Labour Code in its current version, which has been in force since 1 January 2007, merely refers to the relevant clauses of Anti-Discrimination Act and does not regulate sexual harassment itself.

Currently, the main legal source prohibiting sexual harassment is the Anti-Discrimination Act, which has been in force since 1 January 2009. The wording of the Anti-Discrimination Act is very similar to the wording included in the Labour Code between 2004 and 2006.

The Anti-Discrimination Act defines sexual harassment as any unwanted conduct of a sexual nature which:

  • is done with the purpose or effect of diminishing the dignity of a person and creating an intimidating, hostile, degrading, humiliating or offensive environment; or
  • could legitimately be perceived as a precondition for decisions affecting the exercise of legal rights and obligations.

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

No, there is no explicit obligation for employers to take pro-active actions against harassment. Employers only have a general obligation to ensure equal treatment for all employees. However, it is in employers’ best interest to take the necessary steps preventing any kind of harassment, such as adopting internal policies and internal rules that explicitly prohibit harassment.

Employers are obliged to investigate each complaint made by an employee regarding an alleged violation of their rights and obligations under employment law, which also involves sexual harassment in the workplace. The employer who is aware of sexual harassment in the workplace and fails to take appropriate action to prevent it may be held liable. In particular, the employee affected by the harassment may seek an apology, compensation for damage, or financial compensation for non-pecuniary damage caused by the sexual harassment through an anti-discrimination claim.
Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017, and has the position changed since then? We have not noticed any substantial increase in the number of harassment claims in relation to the #MeToo movement. However, it is obvious that both employers and employees have become more aware of this topic. Employers often try to take a proactive approach towards the elimination of unwanted actions by their employees, and employees are more educated in terms of what kind of behaviour is unacceptable.

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?

We have not noticed any substantial increase in the number of harassment claims in relation to the #MeToo movement. However, it is obvious that both employers and employees have become more aware of this topic. Employers often try to take a proactive approach towards the elimination of unwanted actions by their employees, and employees are more educated in terms of what kind of behaviour is unacceptable.

A victim of workplace sexual harassment might initiate legal proceedings against the harasser and demand that the harasser refrains from the unlawful conduct, remedy the consequences of the conduct, and provides the victim with appropriate financial compensation. As mentioned above, the victim may also seek a remedy from the employer if the employer is aware of sexual harassment in the workplace and does not take appropriate action.

If the victim feels the harassment is a result of employer’s breach of their obligations to ensure equal treatment in the workplace, they can also turn to the Labour Inspectorate and claim that the employer is violating this obligation.

Employees can also turn to the Ombudsman (Public Defender of Rights) who deals, among other things, with discrimination in the workplace. The Ombudsman can conduct independent inquiries in given matters and make informal proposals and recommendations, or in certain circumstances initiate court proceedings.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

“Amber”. Sexual harassment legal cases are rather rare because victims of sexual harassment often face prejudice in general society and are often unsuccessful. In addition, the legal regulation of sexual harassment does not impose strict sanctions on perpetrators or employers and only covers the bare minimum required by EU law. When it comes to tackling this issue, we notice a difference between international and domestic employers. The former seem to be more aware of the problem and tend to take it more seriously. Employees of large international corporations are usually better educated by their employer about the various forms of workplace sexual harassment and the negative impacts of such behaviour.

6. Any other relevant information on workplace harassment?

The prevention of unequal treatment, including sexual harassment, is part of the government’s strategy on equality of women and men for the years 2021 to 2030. In particular, the government aims to tackle this issue by introducing activities to raise awareness in the field of sexual harassment and by including checks for sexual harassment in the Labour Inspection’s control plans. The Labour Inspection should also regularly publish statistics concerning sexual harassment cases in the workplace. In addition, the recent introduction of new whistleblowing regulations may contribute to an increase in sexual harassment cases being brought to the employer’s attention and improve the situation in the workplace.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

Studies indicate that sexual harassment is not an isolated issue in the Czech Republic. On the contrary, around one-fifth of the Czech population has either witnessed or experienced it firsthand. Research shows that 13% of women and 4% of men experience serious forms of sexual harassment in the workplace.

The environments most at risk are generally large workplaces with a majority of manual workers. In the Czech Republic specifically, numerous cases of sexual harassment were reported in a major car manufacturer. Additionally, an extensive poll conducted among female medical workers has shown that the majority experience sexual harassment in the workplace on a daily basis but refuse to take further steps because they believe the situation is the same in almost every hospital.
Sexual harassment, however, is not limited to manufacturing plants; it also occurs in office environments, where it is often perpetrated by men in superior positions against women in subordinate roles.