Last Updated on May 30, 2024
Publication of Directive no. 1385 of 14 May 2024 ‘on combating violence against women and domestic violence’.
The aim of this measure is to effectively combat the still unfortunately widespread phenomenon of gender-based violence, focusing in particular on the precise definition of crimes and imposable penalties, the protection of and assistance to victims, and access to justice.
In particular, it stipulates that Member States shall adopt appropriate measures to combat all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriages, forced abortion and sterilisation, sexual harassment and the various forms of online violence.
With specific reference to workplaces, the directive specifies that sexual harassment in the workplace is considered a form of discrimination on the grounds of gender and, as such, is the source of significant negative consequences for both victim and employer. These are, in fact, the discriminatory phenomena that offend the dignity of female workers, run counter to the principles of corporate sustainability, and have a negative impact on work organisation, reputation, and productivity.
In order to offer adequate protection to female workers who are victims, the Directive stipulates that should sexual harassment at work be a criminal offence under national law, it is necessary to:
– offer internal or external counselling, both to victims and employers. This service should include information on how to deal with cases as well as solutions available for removal of the offender from the company;
– take preventive specific actions, such as awareness-raising campaigns or programmes, in sectors where female workers are most vulnerable;
– train supervisory staff in the workplace so that they are able to recognise, prevent and deal with the phenomenon even if it involves a third party or a person other than a colleague (e.g. a client).
Member States will have until 14 May 2027 to transpose the new provisions of this Directive into their national laws.
In Italy, several bills have already been tabled to combat the phenomenon of sexual harassment in the workplace, providing, among other things, for the introduction of the crime of ‘sexual harassment’ and the aggravating circumstance of the act if it is committed in the workplace.
The issue of harassment in the workplace is, therefore, at the centre of work by both national and EU legislators and is of fundamental importance for companies that intend to pursue ethical and sustainable management in terms of ESG (Environmental, Social and Governance).
Toffoletto De Luca Tamajo is at your disposal for any support or clarification you may need.
Per maggiori informazioni: comunicazione@toffolettodeluca.it
