What is sexual harassment, and how should it be dealt with?
Sexual harassment has become a central topic in public discourse in recent years. As awareness grows, more people have described experiences they found intrusive and offensive. At the same time, Danish employers are increasingly considering how to act if an allegation of sexual harassment arises within their organisation. Is it covered in your employee manual? Do you have a company policy? How should such a situation be handled in the best possible way.
At Azets, we advise organisations on HR law and employee relations every day - including challenging matters such as sexual harassment. The aim of this article is to provide answers to the most common questions about sexual harassment from an employer’s perspective in Denmark.
What is sexual harassment?
Sexual harassment is generally defined as offensive and unwelcome behaviour of a sexual nature. This behaviour can be:
- Physical: e.g. unwanted touching or kissing.
- Verbal: e.g. sexually explicit questions or inappropriate comments.
- Non‑verbal: e.g. displaying sexually explicit images.
It is not the intent of the person responsible that determines whether an action is harassment, but how the behaviour is perceived by the recipient. What one person might see as harmless may be deeply offensive to another. Because social norms vary between workplaces, it can be difficult to set a single definition that applies in every context.
In other words, if the recipient experiences the behaviour as unwelcome, it may constitute sexual harassment. This approach is also reflected in guidance produced by workplace safety authorities and social partners.
What are the legal regulations?
Sexual harassment is illegal in Denmark and regulated under several key acts, depending on the context and severity of the incident. Employers must understand their responsibilities to ensure a harassment-free workplace and prevent situations that could lead to legal liability.
Definition of sexual harassment
Both the Equal Treatment Act (Section 1(6)) and the Gender Equality Act (Section 2a(3)) define sexual harassment as:
Any unwanted verbal, non-verbal or physical behaviour with sexual undertones that is exhibited for the purpose or effect of violating a person’s dignity, in particular by creating a threatening, hostile, degrading, humiliating or unpleasant climate.
This definition highlights that it is the effect of the behaviour - rather than the intent - which determines whether the act constitutes harassment.
Legislation governing sexual harassment
- The Equal Treatment Act: Governs sexual harassment within the labour market.
- The Gender Equality Act: Covers sexual harassment outside the labour market in other areas of society.
- The Working Environment Act: The Danish Working Environment Authority (Arbejdstilsynet) supervises employers’ duties under workplace health and safety legislation, particularly where a collective agreement does not address harassment.
- The Danish Penal Code: In cases involving serious misconduct that may constitute an offence against decency or even rape, the matter should be reported to the police and may lead to criminal prosecution.
Under Danish law, all employers have a duty to ensure a harassment‑free working environment and to prevent their employees from being subjected to harassment. If an employer has not taken reasonable steps to ensure this, the company may incur liability.
Employer responsibilities and potential liability
All Danish companies are legally required to ensure a working environment that is free from harassment, including sexual harassment. Employers must proactively prevent such behaviour and react appropriately when incidents occur. Failure to do so may result in legal liability, particularly if the employer is found to have neglected their duty of care.
Health and safety – executive order no. 1234
Employer obligations are further detailed in Executive Order No. 1234 on the Performance of Work, which outlines the standards for maintaining a safe and healthy work environment:
- Section 7: “At all levels, work must be carried out in a sound manner in terms of safety and health, based on both an individual and overall assessment of the physical, ergonomic and psychosocial conditions in the working environment which, in the short or long term, may impact physical or mental health.”
- Section 9a: “When performing work, it must be ensured that the work does not entail a risk of degradation of physical or mental health as a result of bullying, including sexual harassment.”
These provisions place responsibility on employers to consider not only physical safety but also psychosocial wellbeing, including the impact of unwanted behaviour such as bullying and harassment.
Does It Matter If the perpetrator Is a manager or a colleague?
Yes. If an employee is harassed by a colleague, the colleague may be personally liable, and the employer may be liable if it failed to take reasonable steps to prevent harassment.
If the perpetrator is a manager, this is considered an aggravating factor because of the power imbalance. In such cases, employers are more likely to be held directly responsible under the Equality Act, as the employer is deemed responsible for the actions of its managers.
Claims can be brought before employment tribunals, where evidence such as witness testimony and parties’ accounts can be presented.
What can/should you do as an employer?
Sexual harassment can occur in any organisation, large or small. Acting professionally and credibly requires that an employer takes a clear stance on the issue before it arises. Actively countering sexual harassment requires clear and visible values that are reflected both in formal guidelines (staff policies and employee handbooks) and in everyday actions.
Managers have a particular responsibility and must be equipped to answer questions and handle incidents effectively.
What You Can and Should Do as an Employer
- Support a respectful tone in communication.
- Emphasise positive cooperation among employees.
- Ensure a staff policy is in place that includes a declaration of intent, procedures and options for action.
- Make it explicitly clear that bullying and sexual harassment are not tolerated.
- Provide clear information on where victims — and supportive colleagues — can register concerns.
- Respond immediately if bullying or sexual harassment occurs.
- Offer support to those affected.
- Identify and address underlying causes, such as unresolved conflicts or misunderstandings.
- Involve workplace safety representatives or working environment committees in preventive work and incident handling.
- Train managers and employees to handle conflicts respectfully and professionally.
- Sustain a long‑term focus on a positive psychosocial working environment.
- Encourage mutual trust and constructive collaboration.
- Consider targeted training on sexual harassment prevention and handling for managers and relevant staff.
Need guidance?
If you need help or advice on sexual harassment, our HR law specialists can support you. We can assist with urgent matters or help you update and implement policies to prevent harassment in your workplace.
