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Sexual Harassment at Workplace

Definition, Explanation

Tips, Checklist

Definition, Explanation

More often than one would assume, sexual molestation and harassment occur in workplace. Around 2/3 of all women have felt molested at work. Both men and women can be victims of sexual harassment. It includes wolf-whistling, staring, sexual remarks, physical touching, forcing of sexual actions, unwanted invitations with sexual motivation, showing of pornography, threatening with disadvantages in the job for sexual refusal or promising advantages for sexual openness, or even rape. The person who is molested / assaulted feels insulted or indignified.

According to German equal treatment law (AGG), employers are obliged to protect their employees from sexual harassment. Harassment can occur in workplaces, in dining rooms, break rooms, in stairwells, hallways, on events, company trips, company parties like christmas parties or carnival or on business travels. Victims, often, are women who are low socialized, not much supported by colleagues and thus more dependent. Also women who are competitors to men can be harassed. This is sexual harassment intended as to discriminate, abase and exert pressure.

Consequences for victims are shames, anxiety, sleep disorders, nightmares, eating disorders and working-inability.

Tips, Checklist

• Take your feelings seriously and be aware that it is harassment
• As possibly within your powers, you should immediately reject such an incident vigorously and clearly. Threaten to complain and publicize the harassment. With some delay, you can also respond in written. Write factual and detailed and point out the consequences in case of recurrence
• Make records. You can give them to an attorney, along with an affidavit, for a later complaint
• Inform your employer and / or works council
• Turn to the equal opportunities commissioner (Gleichstellungsbeauftragte/-r) or ombudsman for women of your company or location
• Involve your boss, too
• Give a clear cut “no” to the other person
• Complaints have to be investigated by executives and results have to be reported to the complaining persons
• In some cases, the harassed is entitled to compensation. This definitely applies in cases in which health impairment is consequence of the harassment. The employer is liable if they are in the know and do not act to protect and prevent. In severe cases, the affected person has the right to refuse performance. Before you do so, be sure to establish your legal situation so that you cannot be fired for refusal of performance
• The employer, according to equal treatment law (AGG), is obliged to interfere and to take action to protect the harassed. If they fail to do so, consequences can be an “Abmahnung”, transfer, or dismissal

Last update: 12/14/2009