Any degradation can be displayed – regardless of whether it is a matter of sexual interest or power games.
Ms. Müller has her first day in her new job. The first team meeting is already going differently than planned. Her new colleague Mr. Meier helps her out of her coat and says with a grin: “Undressing women has always been my hobby.” The colleagues laugh, Ms. Müller feels uncomfortable and doesn’t say anything.
Anette Diehl from the Mainz women’s emergency call center keeps hearing about cases like these. She specializes in cases of sexual harassment in the workplace and advises those affected, works councils, or managers. “Different things happened to women. Some report intrusive looks and stare, sexist sayings, or even physical assault, ”says Diehl.
It is difficult for those affected to address the situation. Often colleagues and superiors played down the incidents. “Mr. Meier is very dear, who doesn’t mean that” is a reaction that many hear, “said Diehl.
The General Equal Opportunities Act (AGG) is clear in its definition of sexual harassment: This includes all undesirable behaviors that have a sexual or gender-related background.
“So it doesn’t matter how Mr. Meier meant the saying. If Ms. Müller experiences this as humiliation, according to the AGG definition it is sexual harassment in the workplace ”, said Diehl.
Those affected do not have to put up with the hurtful behavior. According to Paragraph 13 AGG, employees have the right to lodge a complaint with the competent authority in their company and must be taken seriously by them.
Since every incident is unique, there are no behavioral tips that are always applicable according to a guide from the anti-discrimination agency. In an acute situation, it is advisable to address the annoyance immediately. “You shouldn’t ignore that or put it on the back burner, but make it clear straight away: I don’t want that!” Says Langer from DGB.
Clear announcements in three steps
The professional association for health services and welfare (BGW) recommends making a clear announcement in three steps:
- First of all, say out loud what has just happened.
- Then you have to explain what that does to you.
- In a final step, you should ask the other person to stop doing this in the future. So something like: “You just made a sexual innuendo. That hurts me. Don’t do that! “
Employers have a duty
However, it is not easy for all those affected to react spontaneously, Diehl knows from experience. They would be caught off guard by the harassment and often feel paralyzed at first.
Anyone who cannot react in an acute situation has the right to discuss or report the harassment later. Possible contact persons in the company include equality officers, works and staff councils, or trustworthy colleagues.
According to Diehl, direct superiors, in particular, should take care of incidents. However, many are overwhelmed and do not know how to proceed.
Superordinate complaint offices
Anyone who experiences this can turn to the Federal Anti-Discrimination Agency or regional advice centers. The nationwide “Violence Against Women Help Line” also offers advice. The latter can be reached around the clock on 08000 116 016.
If harassment occurs, again and again, those affected should log the incidents individually and precisely. If you do not achieve anything with your complaints in the company, you have the right to refuse performance under Paragraph 14 of the AGG.
Accordingly, they are allowed to stay away from work “as a last resort” and continue to demand a full salary in order to avoid harassment. In case of doubt, however, they must prove that the refusal to perform was justified and that their employer did not take appropriate action against the harassment. Therefore, you should seek legal advice.
Complain to the company
Even if the term suggests it, sexual harassment need not necessarily be based on individual sexual interests. “It’s mostly about exercising power and degrading the other person in their authority,” says Dunja Langer from the Federal Executive of the German Trade Union Confederation (DGB).
