Sexual harassment at work

According to a 2021 survey by the International Labour Organization, 22.8% or 743 million people in employment reported experiencing violence and harassment at work – whether physical, psychological or sexual – over their working life. With respect to sexual violence and harassment at work, 8.2% of women in employment reported experiencing this over the course of their working life, compared to 5% of men.  

Regional data paints a similar picture. For example, a 2024 survey by Eurostat, the European Union Agency for Fundamental Rights, and the European Institute for Gender Equality found that 30.8% of women in the EU have experienced sexual harassment at work in their lifetime, and 4.3% experienced it in the 12 months preceding the survey.

Against this backdrop, an increasing number of countries are introducing new measures to tackle workplace sexual harassment, underscoring a global shift towards stronger protections in the area. With this comes expanded obligations and requirements on employers as the stewards of safe and respectful work environments. In this article, we examine some recent, notable examples from across the world.

The UK: ‘All’ reasonable steps

In the UK, and since October 2024, employers have been required to take reasonable steps to prevent workplace sexual harassment. This means that employers must take proactive steps to identify the risks of sexual harassment occurring and then take action to control the risks. The legislation follows a similar model to that adopted in Australia in 2023.  

Notwithstanding these obligations, the current UK government has committed to going even further in the Employment Rights Bill which raises the bar to require employers to take “all” reasonable steps to prevent sexual harassment. The Bill also introduces employer liability for harassment by third parties (such as clients or customers). Employers will be liable for third party harassment unless they have taken “all reasonable steps” to prevent it. This would cover any harassment on grounds of all UK protected characteristics including race, sexual orientation, disability etc. This change is expected to take effect from 1 October 2026.

Ireland: Sexual harassment and NDAs

Non-disclosure agreements (NDAs) have long been used by employers as a legitimate tool to protect its business interests, usually during workplace disputes involving employees. They enable employers to restrict the disclosure of specific sensitive, commercial or confidential information. However, they have also proved controversial in recent years due to their use in situations where an employee has been on the receiving end of inappropriate or unlawful behaviour. Sometimes known colloquially as ‘gagging clauses’, there has been growing concern and recognition of this fact, with some countries taking action.  

Ireland is one of these countries, introducing a general ban from November 2024 on the use of workplace NDAs by employers with prospective, current or former employees where there have been allegations of discrimination, harassment or sexual harassment either at the workplace or during the course of their employment. If an employer enters into such an NDA with an employee, it will be deemed null and void unless a number of strict conditions are adhered to.

Australia: Victoria’s new NDA restrictions

ust last week, the Victorian Government in Australia passed a Bill that will significantly restrict the use of NDAs in the settlement of sexual harassment claims brought by workers, which may include employees, contractors or volunteers. As a result of the new legislation, employers in the state will only be able to enter into an NDA with an employee who has complained about workplace sexual harassment in the following circumstances:

• the NDA is requested by the employee;

• the employee has not been subjected to undue pressured or undue influence by the employer to enter into the NDA;

• the NDA is written in plain language;

• the employee has been given a review period of 21 days prior to signing the agreement (which can be waived at their request); and

• the employee has been provided with an information statement during a review period prior to the signing of the NDA.

Upon the 12-month anniversary of entering into an NDA that is caught by the legislation, workers will be able to elect to terminate any confidentiality term by giving 7 days’ notice.  

At the time of publication, royal assent had not been given to the Bill, and accordingly it is not clear when the restrictions will take effect, however it is likely to be some time in 2026.  

Chile: Karin’s law (one year on)

In August 2024, a new law referred to as the ‘Karin Law’ came into effect in Chile, named after a high-profile case of workplace harassment. The new law aims to ensure a work environment free from all types of violence and harassment, compatible with human dignity and with a gender perspective. It expands the obligations of employers relating to the prevention, investigation, and punishment of workplace harassment, including sexual harassment.

One year on since it became effective, the Chilean Labour Inspectorate has initiated various inspections to verify compliance with the new obligations imposed on employers, such as developing and implementing a prevention protocol, adopting safeguards in response to a complaint and promptly conducting internal investigations or referring them to the Labour Directorate. The Labour Inspectorate also has powers to issue sanctions for acts of harassment or violence, which can range from three to 60 UTM, depending on the severity of the violation and the size of the company (UTM or ‘Monthly Tax Unit’ is an economic indicator in Chile, primarily used to calculate taxes, fines, and other financial values).  

Colombia: Increased sanctions

Finally, on 1 April 2025, the Colombian Ministry of Labour issued a decree regarding the fine to be imposed when a worker is dismissed during the course of a sexual harassment proceeding in the workplace and/or within six months following the filing of the complaint. In these circumstances, an employer may be sanctioned with a fine of between one to 5,000 times the minimum daily wage (COP 47,450 or USD 12.60 for 2025). The size of the organisation, its annual income, and the severity of the offence are considered when determining the level of the fine. Moreover, the labour reform introduced new obligations for employers aimed at eradicating violence and workplace harassment, with particular emphasis on preventing gender-based violence.

Takeaway for employers

Violence and harassment in the workplace, particularly sexual harassment, remain pervasive issues worldwide despite growing awareness and advocacy. Recent legislative developments across different jurisdictions, from the UK’s expanded employer obligations to Ireland and Victoria’s new restrictions on certain NDAs, Chile’s comprehensive prevention framework and Colombia’s new sanctions, signal a global trend toward stronger protections and accountability.    

Moving into 2026, the focus on corporate culture, especially regarding sexual harassment, is expected to continue, with employers required to take proactive organisational responses. This is perhaps evident with the EU directive for combatting violence against women, which EU Member States must implement by 2027. This includes requirements that people with supervisory functions receive training on how to recognise, prevent and address sexual harassment at work.

Collectively, these measures signal a clear direction: employers worldwide must embed prevention and accountability at the heart of workplace culture.

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