What is transgressive behaviour?
Transgressive behaviour
Transgressive behaviour can be a subjective experience: what one person experiences as transgressive behaviour may not be experienced the same way by another. This means it is not always easy – or desirable – to define transgressive behaviour precisely. Different studies therefore use different definitions. At the same time, it is important for Mores to clearly communicate what employees and students in the cultural, creative and media sectors can approach Mores’ confidential advisors for. Mores’ confidential advisors define transgressive behaviour as “behaviour that is experienced as transgressive or harmful and results in feeling unsafe at the workplace or educational institution.”
Transgressive behaviour includes, at minimum: discrimination, sexual harassment, aggression or violence (including verbal, psychological or other forms of intimidation) and bullying. These concepts are further explained below. Work pressure, reorganisations or labour disputes do not fall under the definition of transgressive behaviour.
Discrimination (direct or indirect)
The prohibition of discrimination is laid down in the Dutch Constitution and in various other laws, such as the Equal Treatment Act, and is considered part of psychosocial workload under the Working Conditions Act. Discrimination means treating people differently, disadvantaging or excluding them based on (personal) characteristics. These characteristics are referred to as grounds for discrimination. Discrimination on the following grounds is prohibited by law: religion, belief, political affiliation, race, sex, nationality, sexual orientation, marital status, disability or chronic illness, and age. An employer may also not discriminate based on working hours (full-time or part-time work) or type of contract (temporary or permanent).
Non-legal grounds for discrimination
Discrimination can also occur based on “non-legal grounds.” These are reasons not formally included in legislation but where someone is still treated unfairly. Examples include discrimination based on appearance, clothing choices or place of residence. Even if these reasons are not explicitly stated in the law, it can still constitute discrimination and is therefore prohibited.
Direct and indirect discrimination
Direct discrimination occurs when someone is treated differently because of a specific characteristic, such as gender or skin colour. Indirect discrimination is less visible: a rule may appear neutral but can ultimately disadvantage certain groups of people.
Sexual harassment
Any form of verbal, non-verbal or physical conduct with a sexual connotation that has the purpose or effect of violating a person’s dignity, particularly when creating an intimidating, hostile, degrading, humiliating or offensive situation.
Sexual harassment can manifest in several ways. It may include suggestive remarks, unnecessary touching, staring, pornographic images in the workplace, as well as assault and rape. It also includes cases of sexual coercion, where opportunities for promotion or workplace decisions depend on sexual favours. Such behaviour can create a hostile or sexually intimidating environment that undermines the dignity of the employee involved. Within such an environment, psychological violence may also occur, potentially enabling sexual coercion.
Aggression and violence
Incidents in which an employee is psychologically or physically harassed, threatened or attacked under circumstances directly related to the performance of work. Aggression and violence include verbal violence (such as swearing or insulting) and physical violence (such as kicking, hitting, threatening with a weapon or robbery). It can also include psychological violence, such as threatening, intimidating, exerting pressure, threatening someone’s home situation or damaging property. Intimidation is a form of aggression and violence and involves frightening or influencing someone by threatening negative consequences.
Bullying
All forms of intimidating behaviour with a structural or repeated character by one or more employees (colleagues, supervisors or clients) directed at an employee or group of employees who cannot defend themselves against this behaviour. A key element of workplace bullying is repetition over time. Bullying is therefore not a one-time incident. This behaviour can manifest through words, gestures, actions or threats. It can also take the form of ignoring or excluding someone. Often, the perpetrator’s intention is to deliberately hurt or humiliate another person.