Contents on this page: 

• Discrimination, victimisation, harassment and sexual harassment
• What is meant by employer?
• What is meant by education provider?
• What is meant by employee?
• What is meant by student?

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Discrimination, victimisation, harassment and sexual harassment

Lund University’s Work Environment Policy, Equal Opportunities Plan and Strategic Plan state that the University has a zero-tolerance policy towards victimisation, harassment and sexual harassment. Zero tolerance is based on the prohibition outlined in the Discrimination Act and work environment legislation and a heightened awareness within the University of the importance of a good organisational and social work environment. Zero tolerance is part of the aim to be an attractive employer for different people regardless of their background. Victimisation is, in fact, covered by legislation other than that for harassment and sexual harassment, and the definitions and legal requirements differ to a certain extent.

Conduct will be assessed on the basis of the definitions below to determine whether it can be deemed to constitute victimisation, harassment or sexual harassment.

Discrimination

It can be difficult to know what a person means when they say they have been subjected to discrimination. According to the Discrimination Act, discrimination most often pertains to someone being disadvantaged on the basis of

• sex
• transgender identity or expression
• ethnicity
• religion or other belief
• disability
• sexual orientation
• age

in relation to another person with a comparable position. For example, it might be a case of someone not being called to an employment interview because they are “too old” or of there not being a hearing loop in a lecture hall, which prevents someone with a hearing impairment from being able to take part in the lecture.

The University is prohibited from disadvantaging anyone for reasons based on any of the grounds of discrimination above. 

The word discrimination can also mean that someone has been subjected to harassment or sexual harassment. A case of this kind involves someone violating the dignity of someone else. The word discrimination can also be used to express dissatisfaction in general, which is why it is important to investigate what a claim of discrimination is really about.

Abusive conduct and violation of someone’s dignity

The words victimised and abusive are used in everyday speech both to express a feeling and to describe a situation. Some people use the words in a jesting manner and others to give weight to an argument. 

If a person feels targeted or has experienced conduct that they perceive as abusive, they are entitled to express how they feel. The only person who knows how they feel is the individual in question. However, it is a different matter whether what the person has experienced is subsequently classified as victimisation, harassment or sexual harassment in the legal sense. Consequently, it is important to investigate what has happened and whether any measures need to be taken.

Victimisation (employees only)

The Swedish Work Environment Authority’s provisions on organisational and social work environment (AFS 2015:4) define victimisation as:

“Actions directed in an abusive manner at one or more employees that may lead to ill health or to exclusion from the workplace community”.

Emphasis is on there being a risk of ill health or exclusion from the workplace community. Depending on what has happened, it might be enough that something has happened on a single occasion for ill health or exclusion to arise. Sometimes the risk arises when the conduct is repeated. Regardless of the circumstances, as a manager you are obligated to prevent the conduct from recurring and to promote a good work environment.

Conduct and behaviours that could be covered within the definition include everything from calling someone by a nickname, failing to invite someone to a meeting that they would otherwise reasonably be expected to attend or withholding information, to failing to greet the person or demeaning the person in different ways in front of others. It is important to observe that we are all different and that we all bring different experiences to the workplace. What is acceptable to you might be perceived as deeply abusive to someone else. The issue can also depend on the context: when and how something occurs.

According to the Swedish Work Environment Authority’s provisions, only employees can be subjected to victimisation. The reason for this is that both the definition of the term and the measures that can be taken are based on there being an employer responsible for a workplace. Nevertheless, the University must ensure that students are provided with a good work environment and that they are not subjected to abusive conduct.

It can sometimes be difficult to determine whether an action constitutes victimisation or if it is reasonable within the framework of employment. A manager has the right to lead and allocate the work at the same time that the employee receives a salary to perform duties of significance for the organisation, within a specific framework.

Read more about measures and preventative work

Harassment

Harassment is defined in the Discrimination Act (2008:567) as:

“Conduct that violates a person’s dignity and that is associated with one of the grounds of discrimination sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age.” 

The main difference compared to victimisation is that the action must have a clear connection to one of the grounds of discrimination, otherwise the conduct is not harassment. The conduct could, however, constitute victimisation if the employee feels targeted. 

Sexual harassment

Sexual harassment is defined in the Discrimination Act (2008:567) as:

“Conduct of a sexual nature that violates someone’s dignity”. 

The main difference compared to victimisation is that the action is of a sexual nature. It is the person subjected to the conduct who determines whether the conduct has a sexual nature. The investigation’s point of departure, then, is to determine whether the conduct constitutes sexual harassment in a legal sense. As regards sexual harassment, the conduct is always unwelcome to the recipient – whether it be staring, statements or physical contact.

The accused individual must be aware of the conduct’s abusive effect

An important part of investigating conduct that might constitute harassment or sexual harassment is determining whether the accused individual was aware that the conduct could be perceived as abusive to the individual who feels targeted. If the accused individual was not aware of this, the conduct cannot be deemed as harassment or sexual harassment under the Discrimination Act. For example, the individual who feels targeted might have spoken out or in some other way shown that the conduct was perceived as abusive. An exception is if the conduct was so clearly abusive that speaking out against it is not required.

It is difficult to give concrete examples of clearly abusive conduct since the determination depends on both the person who feels targeted and the situation as a whole. However, examples might include sending threatening messages that are connected to one of the grounds of discrimination or are of a sexual nature.

Employer

The Guidelines for Management Positions at Lund University clarify that a manager with the role of employer in their job description serves as the employer’s representative. This includes heads of department, heads of division, etc.

The Discrimination Act adds an additional level of responsibility and defines the employer as a person who has the right to make decisions on the employer’s behalf in matters concerning someone who

• is an employee
• is enquiring about or applying for work
• is applying for or carrying out a traineeship
• is available to perform work
• is performing work as temporary or borrowed labour.

The formulation “has the right to make decisions on” entails that other roles or functions at the University might be perceived as constituting an employer role under the Discrimination Act, for example someone who leads the work of others but does not make decisions on salary, employment or recruitment. This is significant primarily in relation to the prohibition of discrimination and reprisals, as well as cases in which the employer can be deemed to have been made aware of instances of harassment and sexual harassment.

Education provider

Under the Discrimination Act, employees and contractors engaged in activities shall be equated with the education provider when they are acting within the context of their employment or contract. In other words, everyone who performs work duties at Lund University is an education provider. We are all obligated to act when we see or hear about a student being subjected to conduct that might be abusive.

If everyone is responsible, then nobody is – a familiar motto that is unfortunately not unfounded. Consequently, responsibility is clarified here: Everyone has a responsibility to do something. It could be a matter of informing the member of teaching staff responsible for the student’s course or the organisational manager responsible for the course or study programme. The responsibility to investigate rests with the organisational manager responsible for the relevant course or study programme. Read more about the role of organisational manager in the Guidelines for Management Positions at Lund University found in the right-hand column.

Employee

Employee refers to everyone who is employed at Lund University, including doctoral students and temporary and borrowed labour. All employees are representatives of the education provider in relation to students. 

The investigation is to help the employer take a position on whether the conduct experienced by the employee as abusive constitutes victimisation, harassment or sexual harassment under the Discrimination Act and the Swedish Work Environment Authority’s provisions governing the organisational and social work environment – or whether the conduct is not covered by the legislation. 

Student

Under the Discrimination Act, a student is someone who is participating or applying to participate in educational activities. All students at Lund University and anyone who has applied to study at the University are included under the definition of a student. 

The investigation is to help the education provider take a position on whether the conduct experienced by the student as abusive constitutes harassment or sexual harassment under the Discrimination Act – or whether the conduct is not covered by the law.