Sexual harassment in the workplace

There is often disagreement about where sexual harassment begins. The following explanations are intended to bring clarity. The manifestations are manifold: sexual harassment begins with the telling of sexist jokes, goes through seemingly random body touches and unwanted invitations with clear intent, to sexual coercion and rape.

Examples of sexual harassment:

• Posters of pin-ups in the workspace 
• pornographic images in the workplace (also on the computer)
• Staring, appraising looks
• lewd jokes, whistling after
• Suggestive remarks about figure or sexual behavior in private life
• explicit verbal sexual expressions
• unwanted invitations with clear (named) intent
• Phone calls, letters, chat messages, or emails with sexual innuendos
• Promise of professional benefits in case of sexual accommodating
• Threatening professional disadvantages in the event of sexual refusal
• accidental/targeted physical touches
• Solicitation of sexual acts
• exhibitionist acts

This is what the law says about sexual harassment

The Equal Treatment Act in Working Life defines sexual harassment as "conduct belonging to the sexual sphere that affects or has the purpose of impairing the dignity of a person and is unwanted, inappropriate or offensive to the person concerned (...)"  Sexual harassment therefore occurs, for example, if this behavior is displayed by the employer, a colleague or a third party (e.g. customer).

Gender-based harassment is derogatory remarks or actions based on gender, gender role, or marital status that are undesirable to the person and create a hostile or humiliating environment. Examples are the insinuation of a connection between marital status and work performance or gender stereotypes, such as the remark "all women can do is make coffee".

Professional dependence and the fear of possible job loss very often lead to those affected silently enduring sexual harassment. Beyond that, there are hardly any witnesses and only rarely evidence. For this reason, there is the so-called relief of the burden of proof for the harassed person. This means that the person concerned only has to credibly demonstrate the sexual harassment. The harassing person is then obliged to stop his or her behavior immediately. As part of its duty of care, the employer is required to provide appropriate remedy without delay so that the person concerned is not exposed to further assaults. 

Distinction between the Equal Treatment Act and criminal law

Since January 1, 2016, e.g. touching the buttocks ("buttock groping"), kissing or caressing the thigh are prohibited according to § 218 para. 1 StGB and fall under the jurisdiction of the police/public prosecutor's office, as well as sexual coercion and rape. They are punishable under the Criminal Code (fine/imprisonment). Verbal sexual harassment and touching on the forearm, knee, etc. fall under the responsibility of the Ombuds Office for Equal Treatment. In this case, action can be taken in accordance with the GIBG (damages). Attention, depending on the law there are different deadlines!

What you can do about sexual harassment

The first rule is: defend yourself instead of remaining silent. Those affected often blame themselves. But the responsibility clearly lies with the person who is harassing. We hope that you will never be sexually harassed. How you proceed in the event of an accident is of course up to you. Nevertheless, we would like to encourage you to act.

Possible courses of action:

• Politely but firmly make it clear to the harasser that you feel sexually harassed.
• Ask the harassing person to stop the behavior immediately
  to refrain from doing so.
• Document the incident.
• Collect evidence such as text messages, emails, or photos.
• Take colleagues into your confidence or contact a counselling centre.
• If available in the company , contact your works council

Taking action together

Have you witnessed sexual harassment? Then take action and offer your support! Those affected often feel helpless and at the mercy of others. This makes it all the more important that they are not left alone. Show civil courage and stand by the affected person. However, try to address the topic sensitively and accept even if the victim does not want help. Many people have to regain trust after an incident and may feel caught off guard by unsolicited advice.

Emergency call and advice centres

Emergency numbers:

• Police: 133
• International emergency number: 112
• Rescue: 144

Helplines:

• Police assistance for the deaf and hearing impaired 
  0800 133 133 (around the clock) by SMS  (indication of the emergency situation and location)
  
• WEISSER RING Victim emergency number 0800 112 112
• WOMEN'S HELPLINE AGAINST VIOLENCE 0800 222 555
• Men's Counselling 0720 70 44 00
• Ombuds Office for Equal Treatment 0800 206 119
  
  

Helpful websites:

 

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