Harassment and inappropriate treatment
During their career, a researcher may encounter harassment or other inappropriate treatment both in their workplace and in their private life. In the workplace, inappropriate treatment can occur from another employee, one’s supervisor or another representative of the employer, or from a student. In private life, inappropriate treatment may manifest, for example, as disturbing contacts or disruptive behavior on social media platforms.
Harassment experienced in private life may also be related to work-related topics. Harassment or other inappropriate treatment in the workplace can endanger employees’ health. The employer has an obligation to address harassment in the workplace upon becoming aware of it.
Harassment in the workplace
What is harassment and inappropriate treatment?
The Occupational Safety and Health Act prohibits all harassment and other inappropriate treatment that poses a risk or danger to the safety or health of other employees.
Inappropriate treatment refers to behavior that goes against general good manners, is unsuitable for the workplace, and disrupts work. Inappropriate treatment includes offensive behavior through words, actions, or attitudes. It also includes continuous and unjustified criticism of a person’s work performance, defamation, inappropriate name-calling, or isolating someone from the work community. Taking away work tasks or failing to assign them can also be considered inappropriate treatment.
When persistent or regular, harassment and inappropriate treatment cause harm or danger to the health of the person targeted. Harassment can result in psychosomatic symptoms or anxiety for the person being harassed.
Inappropriate treatment may also be sexual or gender-based harassment as defined in the Equality Act, or harassment as defined in the Non-Discrimination Act.
Sexual harassment, according to the Equality Act, refers to verbal, non-verbal or physical unwanted conduct of a sexual nature by which a person’s psychological or physical integrity is violated intentionally or factually, in particular by creating an intimidating, hostile, degrading, humiliating or offensive atmosphere.
Gender-based harassment, according to the Equality Act, means unwanted conduct that is not of a sexual nature but which is related to the gender of a person, their gender identity or gender expression, and by which the person’s psychological or physical integrity is intentionally or factually violated and an intimidating, hostile, degrading, humiliating or offensive atmosphere is created.
Sexual harassment can be physical or verbal. Attention becomes harassment when it continues despite the target expressing that it is unpleasant and unwanted. Sexual harassment includes insinuations, sexually charged jokes, comments, and questions about one’s body, clothing, or private life. Suggestions, demands, and physical touching are also forms of harassment.
According to the Non-Discrimination Act, the deliberate or de facto infringement of the dignity of a person is harassment, if the infringing behaviour relates to a reason referred to in section 8(1), and as a result of the reason, a degrading or humiliating, intimidating, hostile or offensive environment towards the person is created by the behaviour.
What is not considered inappropriate treatment?
Not all unpleasant experiences can be classified as harassment or inappropriate treatment as defined by the Occupational Safety and Health Act.
The following are not considered inappropriate treatment or harassment:
- Instructions and orders related to work tasks or job performance given by the employer under their right to manage the work.
- Conflicts that arise from decisions or interpretations related to work.
- Addressing problems related to a task or job among members of the work community.
- Legitimate interventions concerning work performance or disciplinary actions.
- Directing an employee to undergo a work capacity assessment for justified reasons.
How to act in situations of harassment and inappropriate treatment?
According to the Occupational Safety and Health Act, the employer has an obligation to take action once they become aware of harassment or other inappropriate treatment that poses a risk to the employee’s health. Workplaces often have internal guidelines for dealing with harassment situations. Familiarize yourself with these guidelines and follow them.
It is important to address harassment and inappropriate treatment immediately. If the problem persists, the chances of resolving it usually diminish. In advanced situations, individuals may experience difficulties at work, risk depleting their physical and mental resources, and may face extended sick leave. Colleagues might fear being drawn into the conflict, which could cause the social network of the harassed individual to collapse.
When you encounter harassment or inappropriate treatment, express to the person behaving poorly that you find their behavior inappropriate and do not accept it. Ask them to stop their inappropriate behavior. If the behavior continues despite this, report it to your supervisor. If the person acting inappropriately is your supervisor, inform their own supervisor about the situation. You can always discuss your experience of inappropriate treatment with a union representative or a workplace occupational health and safety representative, or contact the Union directly.
It is important to document how and when the inappropriate treatment occurs. Save all text messages and emails that you consider inappropriate. If a process is initiated at the workplace to investigate the matter, having a record of your experiences and the harassment incidents will be helpful. During the process, you can receive support from a union representative, occupational health and safety representative, or a union representative.
The employer must investigate the course of events impartially, hearing both sides of the conflict. The person suspected of inappropriate treatment also has the right to be heard and to present their view of the events. If you are accused of harassment or inappropriate treatment, you can turn to a union representative or the Union for support.
After investigating the matter, the employer must take the necessary actions. If harassment has occurred at the workplace, the employer must stop it using available means. The employer may take disciplinary measures, such as giving a warning to the harasser. It is advisable to document the conclusions of the investigation and the instructions and orders given to stop the harassment, and to inform both parties.
If the employer fails to act as required by the Occupational Safety and Health Act to eliminate harassment, or if the harassment continues despite actions taken, you can contact the occupational safety authority. The authority provides guidance and advice, and if necessary, ensures that the employer acts to stop the harassment once informed.
Sexual harassment in the workplace or by a member of the work community may, in the most severe cases, meet the legal definition of sexual assault under the Criminal Code. If you believe you have been a victim of a crime, report it immediately to your employer and also contact the police to file a criminal report.
Harassment in Private Life
A researcher may also encounter harassment in their private life, especially on social media, related to their work or research topics. Harassment and inappropriate behavior on social media platforms can manifest as hate speech, trolling, or bullying. Most social media users do not experience severe harassment but may encounter repetitive arguments or trolls causing confusion for amusement. Simply disagreeing with someone is not considered harassment.
Harassment in private life and on social media can, in serious cases, meet the legal criteria for a crime. According to the Criminal Code, violation of communication privacy occurs when someone repeatedly sends messages or makes phone calls with the intent to harass, causing significant disturbance or harm.
The offense of disseminating information that violates privacy occurs when someone unlawfully 1) uses mass media or 2) otherwise makes available to a large audience, information, a suggestion, or an image of another person’s private life, in a way that is likely to cause harm, suffering, or contempt toward the victim.
A defamation offense occurs when 1) someone presents false information or suggestions about another person in a way that is likely to cause harm, suffering, or contempt toward the victim, or 2) otherwise degrades another person in a manner not covered under point 1.
If you suspect you are a victim of a crime, immediately contact the police and file a report. The Union’s lawyer can assist in determining whether the legal criteria for a crime have been met.
You can find the contact information for the Union’s lawyer and legal advice here.
You can also contact the lawyer through the E-services.
You can find more information about inappropriate treatment and harassment at Tyosuojelu.fi website.