#metoo och arbetsrätten - En studie av den arbetsrättsliga regleringen mot sexuella trakasserier

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: One of the subjects of #metoo late 2017 was the problem of sexual harassment in the workplace. Questions were asked whether or not the current labor legislation could ensure sufficient protection against further sexual harassment. This thesis investigates the established law, more precisely The Discrimination Act (DL), The Work Environment Act (AML) and The Employment Protection Act (LAS), in order to further specify what types of problems can be identified. It is clear that the legal protection against sexual harassment is strong, which raises the question why sexual harassment is such an extensive problem. One problem is that there are few actions to take against an employer's lack of work to prevent harassment, and the actions that are available seem weak. In the established law almost all responsibility lies with the employer, and the victim would have a greater opportunity for reparation and compensation if sexual harassment had entailed civil penalties for the offender. By letting the employer and the employee know their responsibilities and rights, respectively, the situation might improve. However, such an arrangement requires that supervisory bodies such as the Discrimination Ombudsman (DO) and the Swedish Work Environment Authority (AV) are more present to take action in case the legislation is not followed. Finally, attention is drawn to the fact that insecure employment can create problems since the employee is in a situation of dependency and has difficulty in asserting his or her right, something that should be further investigated in order to avoid temporary workers being placed in an unfavorable situation.

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