#metoo - now what? - En komparativ studie mellan svenska och amerikanska arbetsgivares ansvar vid sexuella trakasserier i arbetslivet

Sammanfattning: As the hashtag #metoo went viral around the world in fall 2017, the issue of sexual harassment at work was shed a light on. The employee protection against sexual harassment was questioned in terms of employer liability regarding preventive and repressive measures. This matter is underlying the following question at issue: how sexual harassment and employer liability is regulated in employment law. The comparison between the Swedish and American regulations examines the legal systems and the requirements imposed upon an employer. This study shows both countries define sexual harassment as type of discrimination consisting of unwelcome, sexual advances. Furthermore, each country has separate requirements that need to be met in order to have a case. In addition, both countries have extensive and explicit regulations on employer responsibility. The importance of preventive and repressive measures shows clearly in the examined cases. However, some findings of the study reveal a few shortcomings, especially in regard to the preventive measures applied. These measures are nonetheless fundamental in the battle against sexual harassment at work. As of today, there is a lack of satisfactory knowledge among employers, employees and supervisors. The need of increased knowledge about sexual harassment is shown in the statutory training and policy requirements in both Sweden and the United States. Lastly, through the adoption of several new bills in response to #metoo, California is in the lead of the #metoo reforms. Therefore, the hopes are that other states, and countries, will follow their lead.