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 harassments 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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Sweden
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Sexual harassment is, in some forms, classified as a crime under 6:10 in the Swedish Penal Code (Swe: sexuellt ofredande). Sexual harassment in broader terms (as normally used in the context of a workplace) can also be considered a form of discrimination under the Discrimination Act. The Work Environment Act mandates that employers adapt working conditions to ensure a safe and healthy work environment. This responsibility includes the obligation to prevent sexual harassment. The employer has a duty to prevent victimisation, which includes being treated differently from others in an unclear or unfair manner, and facing the risk of exclusion from the workplace community. Employers are required to investigate allegations of sexual harassment and take reasonable measures to prevent future harassment. The employer is also prohibited from taking retaliatory actions against anyone who has filed a complaint or participated in the investigation.

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

Yes, the employer is responsible for the work environment, which includes social aspects, such as the right not to be sexually harassed at work. Employers should include efforts to combat sexual harassment in their systematic work to improve the work environment at the workplace. Employers must also have procedures in place to identify signs of unsatisfactory working conditions at an early stage and quickly provide help or support to employees who are victimised. Examples of actions employers should take as part of their systematic work include assessing the risks of sexual harassment, such as through employee surveys, reviewing policy documents, and evaluating the workplace's expertise and resources for addressing sexual harassment. The employer must also act on the results of the risk assessment, and follow up and evaluate the measures taken. 

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

The #MeToo movement had a significant impact in Sweden and led to increased awareness and discussion about sexual harassment and gender-based violence in the workplace. The number of complaints filed with the Swedish Equality Ombudsman concerning sexual harassment in the workplace saw a temporary increase in the years following #MeToo. Since 2020, there has been a continuing rise in complaints related to sexual harassment in the workplace. 

If the sexual harassment is a potential breach of the Penal Code, it is often recommended to file a police report, which can result in a fine or jail time. If the sexual harassment has been ongoing without sufficient intervention from the employer, it is possible for the employee to file a complaint, potentially leading to discriminatory damages from the employer.

As an employer, it is important to take all reasonable actions to ensure that the sexual harassment ceases. Depending on the situation, an employer can dismiss or give notice to an employee who is sexually harassing colleagues or other persons (such as customers or sub-contractors). In questionable cases, and before giving notice, the employer must make it clear to the employee that the behaviour in question is unacceptable and will not be tolerated in the workplace. 

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

Red once detected. 

6. Any other relevant information on workplace harassment?

As an employer, it is important to implement a proactive approach in the systematic improvement of the work environment, as well as ensure that measures are taken should harassment occur or be suspected. If this is not done properly, the employer can be held accountable for not taking sufficient action.

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?

The likelihood of experiencing sexual harassment tends to increase in workplaces where one gender is in the majority. The greater the gender imbalance, the higher the risk. While women in male-dominated environments are most affected, men in female-dominated workplaces also face an increased risk.

An example of an occupation with a high incidence of sexual harassment is work involving patient or customer interaction. The nursing profession is particularly vulnerable, with one study covering the Nordic countries showing that one-third of nurses experience sexual harassment.