The importance of protocols against sexual harassment: how companies should act

Origins of the movement

During the month of April, Sexual Assault Awareness Month (SAAM) takes place, an initiative led by the National Sexual Violence Resource Center (NSVRC), which in 2026 celebrates its 25th official anniversary. However, its roots go much further back, to social movements that began to raise awareness about sexual violence and advocate for equality and women’s rights.

Since its beginnings, this initiative has combined two inseparable approaches: awareness and prevention. The history of the movement to end sexual violence shows that it is impossible to prevent something that people are not aware of, and difficult to raise awareness without offering solutions. Both elements have evolved in parallel, from the civil rights movement in the United States, through the creation of the first rape crisis centers in the 1970s, to the passing of key legislation such as the Violence Against Women Act in 1993.

Although awareness efforts had been taking place locally and within communities for decades, it was in 2001 when Sexual Assault Awareness Month was officially recognized at a national level, establishing April as the month dedicated to raising awareness and educating about the prevention of sexual harassment and assault.

Since then, the campaign has expanded into different environments, including communities, institutions, and workplaces, adapting each year to new audiences and needs.

Sexual harassment in the workplace

Sexual harassment in the workplace can take many forms, from unwanted sexual comments or jokes to intimidating behavior, inappropriate physical contact, or the sharing of offensive materials. For such conduct to have legal relevance, it must be sufficiently severe or pervasive to affect job performance or create an intimidating, hostile, or offensive work environment.

In addition, not only the conduct itself is assessed, but also the responsibility of the employer, whether through direct action or failure to take the necessary measures to prevent or address such situations. However, many people do not report these incidents due to fear of losing their jobs, highlighting the importance of creating safe and trustworthy environments.

The protocol as a corporate commitment

In Spain, legislation requires all companies to adopt measures to prevent harassment, including the implementation of specific protocols. However, these should not be understood solely as a legal requirement, but as a clear expression of the organization’s commitment.

The protocol establishes zero tolerance for any conduct that violates sexual freedom and moral integrity, and defines both unacceptable behaviors and response mechanisms. Its scope is broad: it applies to the entire workforce, regardless of contract type or position, and also includes interns, trainees, and collaborators.

It also covers all work-related situations, from the workplace itself to travel, events, digital communications, and even commuting between home and work.

Its main objectives include fostering a preventive culture, facilitating the identification of harassment behaviors, ensuring accessible and confidential reporting procedures, and investigating and sanctioning cases when appropriate, while avoiding any form of revictimization.

Harassment protocols: real figures and challenges

Although the law requires companies to have harassment protocols in place, various reports show that their implementation remains insufficient. According to the InfoJobs annual report, only 50% of companies report having a sexual harassment protocol, despite being legally required to do so. This figure has increased by just one percentage point compared to the previous year.

Furthermore, employees’ perception of the effectiveness of these measures remains critical: 48% believe they work, while 34% have no clear opinion and 18% think they do not work. Perceived effectiveness is particularly lower in smaller companies, where protocols are applied less rigorously and less frequently.

Employee training is another key measure. Regulations require it to be sufficient, appropriate, and tailored to the reality of each company, covering the legal framework, types of harassment, response protocols, and the responsibilities of all employees.

Consequences of non-compliance

Failure to comply with these obligations can have direct consequences for companies, both financially and legally.

  • Labour inspection: may require proof that training has been provided
  • Financial penalties: fines ranging from €7,501 to €225,018 depending on the severity of the violation
  • Civil and criminal liability: in serious cases, companies may face legal action for failing to fulfill their duty of care

In conclusion, complying with legal obligations is only the first step. The real challenge for companies lies in ensuring that these measures work in practice, that protocols and training are effectively implemented, and that employees feel safe when reporting incidents. Only then can workplaces become truly safe, respectful, and inclusive environments, where prevention is not just a formal requirement, but an active practice that protects the dignity and integrity of all individuals.

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