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Domestic Legal Framework Around the World

last updated November 1, 2003

The following list provides links to domestic statutes, regulations, codes of practice and governmental organizations relating to sexual harassment in other regions around the world.

Australia

Statute:
Sex Discrimination Act 1984

Code of Practice:
Australian Human Rights and Equal Opportunity Commission Sexual Harassment Code of Practice

Organization:
Australian Human Rights and Equal Opportunity Commission

Canada

Statute:
Canadian Human Rights Act -Sexual Harassment, Chapter H-6, Section 14
Section of the Canadian Human Rights Act—Establishment of the Canadian Human Rights Tribunal
Canadian Labour Code, Part III, Division XV. 1

Code of Conduct:
Canadian Human Rights Commission, Anti-harassment Policies for the Workplace: An Employer's Guide

Organization:
Canadian Human Rights Commission

France

Statute:
Labor Code, Articles L122-46 through L122-54 (search here for these articles by clicking on "Les Codes", proceeded by "Code de Travail" and then each article number; the text is available in French only)
Penal Code, Articles 222-33 and 222-33-2 (in English)

Regulations:
Ministry of Employment and Solidarity, Circular of the Department of Working Relationships No. 93-2 of 11 February 1993 (Application of Act No. 92-1179 of 2 November 1992 on the Abuse of Authority in Sexual Matter in Work Relationships)
Ministry of Public Service, Reform of the State and Decentralization, Circular of the Ministry of Public Function No. 93-88 of 1 December 1993 on the Application of Act No. 92-1179 of 2 November 1992 on the Abuse of Authority in Sexual Matter in Work Relationships

Germany

Statutes:
Act on the Protection of Employees from Sexual Harassment at the Workplace (Article 10 of the Act to establish equality for men and women (Second Equality Act - 2. GleiBG) dated 24 June 1994
German Penal Code, Section 177

India

Constitution:
Constitution of India, Articles 14, 15, 19, 21, 32

Statute:
Protection of Human Rights Act, 1993
Sexual Harassment of Women at their Workplace (Prevention) Bill 2003

Case law:
1997 Vishaka & others vs. State of Rajasthan and others (AIR 1997 SC 3011)

Code of Conduct:
National Commission for Women, Code of Conduct for the Workplace in accordance with the recent Supreme Court Judgment in Vishaka & others vs. State of Rajasthan and others (AIR 1997 SC 3011)

Ireland

Statute:
Employment Equality Act, 1998, Article 23
Equal Status Act, 2000, Article 11

Code of Practice:
Code of Practice on Sexual Harassment at Work

Japan

Constitution:
Constitution of Japan, Article 14

Statutes:
Law on Securing Equal Opportunity and Treatment between Men and Women in Employment, Article 21
Civil Code, Articles 709 and 715

Organization:
Prefectural Labour Bureau - Japan Equal Opportunity Mediation Commission
Equal Employment, Families and Children Bureau

New Zealand

Statute:
Employment Relations Act 2000

Phillipines

Statute:
An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for Other Purposes, Republic Act No. 7877 (1995).

Regulations:
Administrative Disciplinary Rules on Sexual Harassment Cases Resolution No. 01-0940

South Africa

Constitution:
Constitution of the Republic of South Africa

Statute:
Employment Equity Act 55, 1998
Commission On Gender Equality Act 1996

Code of Practice:
South African National Economic Development and Labor Council, Code of Good Practices on the Handling of Sexual Harassment Cases, Section 3

Spain

Statute:
Worker's Charter, Article 4(2)e

Sweden

Statute:
Equal Opportunities Act, 1991, Sections 6, 33-4, 46-7
Equal Treatment of Students at University Act, 2001

Code of Conduct:
What are the Duties of Employers, Unions and Universities?

Organization:
Equal Opportunities Ombudsman

United Kingdom

Statute:
Sex Discrimination Act 1975, as amended
Human Rights Act 1998
Health and Safety at Work etc. Act 1974

Regulations:
Sex Discrimination Act 1975 (Amended) Regulations 2003
Sex Discrimination Act 1975 (Amended) Regulations 2003--Constructive Liability of Chief Constables: A Guide for Police Forces
Sex Discrimination Act 1975: The Questions Procedure (2001)

Code of Conduct:
British Equal Opportunity Commission, Code of Practice—Sex Discrimination
British Equal Opportunity Commission, Website for Legal Advisors

Case Law:
1986 Strathclyde Regional Council v Mrs Porcelli
1989 Bracebrodge Engineering Ltd. V. Darby
1994 Insitu cleaning co. ltd. V. Head
1998 Smith v. Gardener Merchant Ltd.
1999 Reed & Bull Information Systems v. Stedman
1999 Chief constable of the Lincolnshire Constabulary v. Stubbs and Others
2000 Driskell v. Peninsula Business Services & others
2000 Caniffe v. East Riding of Yorkshire Council

Organizations:
Employment Appeal Tribunal
British Equal Opportunity Commission

United States

Statute:
Title VII of the Civil Rights Act of 1964

Regulations:
Regulations on Sexual Harassment under Title VII

Policy and Enforcement Guidance:
Policy Guidance on Current Issues of Sexual Harassment (March 19, 1990)
Enforcement Guidance on Harris v. Forklift Sys., Inc., No. 92-1168 slip op. (Nov. 9, 1993)
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (June 18, 1999)

Case Law:
1986 Meritor Savings Bank, FSB v. Vinson
1993 Harris v. Forklift Systems, Inc.
1998 Oncale v. Sundowner Offshore Services, Inc.
1998 Faragher v. City of Boca Raton
1998 Burlington Industries, Inc. v. Ellerth

Organization:
U.S. Equal Employment Opportunities Commission

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