Sexual Harassment in the Work Place: Criteria for Judicial Sentencing in the Danish Case

Sexual harassment in the work place is widespread in most Western countries and subject to a common approach within the European Union, addressing it as a part of the equal treatment regulation. In Denmark, where gender equality is placed relatively low on the political agenda, feminist activist within the unions have been and still are the most important actors for drawing attention to the issue. It has, however, been subject to very limited research interest, and knowledge about the field is scarce. In this paper, we analyze the ways in which sexual harassment is addressed from a judicial perspective, i.e., what is decisive for the outcome of (court) cases on sexual harassment; which are the criteria upon which sentencing rests; and which understandings and legal interpretations of gender equality and sexual harassment affect sentencing. First we discuss why sexual harassment is a relatively neglected problem in the Danish political debate and who has pushed for political action. Then we analyze the findings of our mapping of approximately 200 cases on sexual harassment in four different legal bodies during the past 25 years. We summarize the most important criteria determining the outcome of the cases and on the basis of research interviews with unions and organizations of employers, we discuss the meanings ascribed to sexual harassment in the Danish judicial context as well as the barriers for ascribing more political and public attention to the issue.