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In Luxembourg, sexual harassment is considered a serious violation and is accordingly covered under anti-discrimination laws. More specifically, it is recognized under "The Law of 28 May 2019" which is Luxembourg's primary legislation concerning harassment and discrimination, including sexual harassment. Both physical harassment and verbal harassment, including sex-related jokes or comments, are considered to be sexual harassment in this jurisdiction.
If you are a victim of sexual harassment, a lawyer can guide you through the legal framework and strengthen your case. They can ensure that you receive fair treatment, safeguarding your rights as a victim. If you are falsely accused of sexual harassment, a lawyer can help you to defend yourself effectively. Furthermore, sometimes consulting a lawyer may be necessary if your employer is not addressing your complaints or if the harassment is coming from higher levels within your organization.
The key aspects of Luxembourg's sexual harassment laws are defined in the aforementioned law, noted for its rigorous prohibition of all forms of discrimination. Harassment, including sexual harassment, is defined as unwanted conduct related to the sex of a person. This can be physical, verbal or psychological abuse creating an intimidating, hostile, degrading, humiliating, or offensive environment. Failure to comply with these regulations could result in imprisonment for up to two years and/or a fine of up to €25,000 for repeat offenders.
Sexual harassment may include but is not limited to unwanted sexual advances, comments about one's clothing, gender, or body; requests or demands for sexual favours; or other verbal, non-verbal, or physical harassment of a sexual nature.
If you are experiencing sexual harassment at work, the first step you should take is to inform your employer about the behavior. If the employer fails to act on your complaints or the situation gets worse, then you could take legal action with the help of a lawyer.
While complete anonymity cannot always be guaranteed due to the nature of the legal process, steps can be taken to keep your identity confidential to the maximum extent permissible under the law.
If the harasser is your supervisor or someone in a managerial position, you can still report the harassment. The law protects victims regardless of the offender's position at the workplace.
Sexual harassment is unlawful and can carry severe penalties in Luxembourg. Depending on the severity and continuity of the offence, it could result in imprisonment and/or a hefty fine.
You may contact the following bodies for guidance, help or reporting cases:
If you’ve experienced sexual harassment, take immediate action. It is advisable to start by reporting the issue to your employer or HR department. If there is no improvement or action taken, consult a lawyer to ensure you understand the available paths, including legal recourse. Remember to gather and maintain all possible evidence related to your case, including messages, emails, etc. It is also advisable to maintain a written record of each incident.
