Sexual Harassment — Employer Obligations in Switzerland
Sexual harassment is unwanted conduct of a sexual nature that creates a hostile or intimidating work environment. Swiss law (ArG, Gender Equality Act) requires you to take active steps to prevent it, investigate complaints promptly, and protect the complainant from retaliation. Failure to act exposes you to liability.
Sexual harassment covers unwanted verbal, non-verbal, or physical conduct of a sexual nature that offends, humiliates, or intimidates an employee. It includes comments, jokes, images, touching, and pressure for sexual favours. The law protects employees regardless of gender or sexual orientation.
Under Swiss employment law (Arbeitsgesetz, ArG) and the Gender Equality Act (Gleichstellungsgesetz), you are legally responsible for maintaining a workplace free from sexual harassment. This is not optional—it is a statutory obligation that applies to all employers, regardless of company size.
When Sexual Harassment Comes Up
You will face this issue when an employee reports harassment directly to you, to a manager, or through a formal complaint channel. It can also surface during exit interviews, in a Arbeitszeugnis dispute, or when an employee files a complaint with cantonal labour authorities.
Incidents range from crude comments and unwanted touching to systematic exclusion or quid pro quo behaviour. Even jokes that seem 'harmless' can constitute harassment if they are repeated and the person has asked them to stop.
- An employee reports uncomfortable comments or advances from a colleague or manager
- Third parties witness behaviour that may constitute harassment
- A complaint is filed with your canton's labour office or RAV/ORP/URC
- Behaviour appears in written form (emails, chat, social media)
- Patterns emerge over time rather than a single incident
- Harassment targets a protected group or intersects with discrimination
Your Legal Obligations
You must take concrete steps to prevent harassment before it happens. This means clear policies, training for managers, and transparent reporting channels. You are also liable for the actions of employees and third parties (clients, visitors) in your workplace.
When a complaint lands on your desk, you must investigate promptly and impartially, protect the complainant from retaliation, and take corrective action if harassment is confirmed. Documentation is essential. Cantonal authorities may intervene if you fail to act.
- Establish and communicate a written sexual harassment policy
- Train managers to recognize harassment and respond appropriately
- Create a safe, confidential reporting channel (named contact, HR, or external ombudsperson)
- Investigate complaints within weeks, not months—delay signals indifference
- Protect the complainant: no demotion, pay cut, or hostile treatment
- Apply consistent consequences to the person responsible—suspension, dismissal, or mandatory training
The Most Common Mistake
The biggest mistake is ignoring the complaint or treating it as 'not serious enough'. Employers often hope the problem resolves itself or they minimize the seriousness to avoid conflict. This is both legally and ethically wrong.
Retaliation is the second most common error: the complainant is suddenly excluded from meetings, given negative feedback, or passed over for promotion. This triggers additional liability. Always document your investigation and keep the complainant informed of progress.
- Assuming 'they just need to talk it out' without formal investigation
- Failing to separate the complainant and the accused during the investigation
- Taking no action because the accused is a high performer or long-serving employee
- Discussing the complaint with other staff before interviewing the accused
- Punishing the complainant—even indirectly—for reporting
- Destroying emails, chat logs, or witness statements
Frequently asked questions
- Do I need a formal HR department to handle sexual harassment complaints?
- No. As an SME without HR, you can designate a trusted manager or external ombudsperson to receive and investigate complaints. The key is transparency and impartiality. Keep written records. Consult a labour lawyer if the complaint is complex or involves senior staff.
- Can I fire someone immediately after a harassment complaint?
- Only after a fair investigation. Dismissal must be justified by the investigation outcome, not by the complaint itself. Immediate termination without investigation may breach employment law and expose you to wrongful dismissal claims. Consult a lawyer before proceeding.
- What if the harasser is a client or external partner, not an employee?
- You remain responsible for protecting your employee. You must take steps to prevent contact, offer support, and address the behaviour with the external party. If the client will not change their conduct, you may need to end the business relationship to protect your employee.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.