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This essay is about third-party sexual harassment. That type of harassment occurs when a person who isn’t employed by the company harasses an employee. It may be a customer, guest, client, patient or similar. Statistics show that sexual harassment by third parties is more common than sexual harassment by employers or colleagues. The purpose of this essay is to find out and analyze what regulation there is regarding the subject and whether the protection for employees against third parties is stronger or weaker in comparison to the protection that exists against employers and colleagues. The essay will also pay attention to sanctions to be able to compare the penalties in different laws. With an application of the legal dogmatic method, sources of law such as legislation, legislative history, case law, and doctrine have been analyzed to fulfill the purpose and answer the questions asked. Although third-party sexual harassment is more common than when the harasser is an employer or colleague, the legal investigation shows that the protection against third parties is insufficient. The protection against employers and colleagues, on the other hand, is both clearer and more solid. Despite the gaps in current regulation, the future seems bright. There is more than one proposal on how to make improvements in this area, both within Swedish, international and EU law. |
