An employer has been ruled liable by the Danish Eastern High Court for not intervening and dealing with sexual assault by a coworker of another employee and for discharging the patient when she complained about the bullying of women.
Gender discrimination is illegal in Denmark, as the Equal Treatment Act is opposed to the principle of equal treatment for men and women. Ladies, this is discrimination based on intimacy.
Moreover, an employee who is fired or exposed to other forms of discipline or adverse treatment by the company as a consequence of internal criticism organization (commonly referred to as victimization) has the right to compensation.
Background:
A coworker sexually harassed an employee, a window cleaner, on many occasions, verbally, physically, and via text messages and telephone conversations. The employee admitted that she informed the owner of the sexual assault when she knew the company was considering firing the window cleaner during the hearing. Rather than telling his boss about the situation, the window cleaner called in sick during the hours in question. A female admin assistant at a window cleaning company was the subject of the complaint. As part of her position, she ensured that all employees provided documentation of no criminal record every year, as required by the company.
Dismissed for failing to say no’:
The reality that she was fired the day after reporting the magnitude of the sexual assault to the employer was weighed heavily by the company. The employee said she was fired because she couldn’t’ say no’ in both her personal and professional lives. The employer claimed that it had taken various steps to prevent sexual harassment, including establishing a transparent-reduce separation between divisions. Because sexual harassment occurred in the private realm, the company claimed that since the employee did not report the gender discrimination to management, the employer could not be held liable.
Victimization compensation:
The district judge and, eventually, the Eastern High Court ruled that the company could not be held liable for sexual assault outside the workplace during the employee’s free time. The employer could not be held liable for sex discrimination outside the workplace during the employee’s free time. According to the High Court, the company had not taken any steps to prevent sexual harassment, such as implementing a harassment policy. The worker received compensation equal to nine months’ pay. In the appeal process, the High Court considered that the employer was aware of the entire scope of the sexual assault before they fired the employee. Her explanation of the reasons for removal was plausible. As a result, the worker was given DKK 40,000 in compensation.
Norrbom Vinding’s observations:
The issue is among the few in Danish case law that deals with discrimination based on sexual orientation regarding sexual harassment. This text’s content is intended to provide basic knowledge on the topic matter. Regarding your specific situation, you should get professional advice. It emphasizes the significance of preventative measures in combating discrimination lawsuits and the employer’s duty to adopt them.
