Can I sue my boss if he sexually harasses me?
June 16, 2023 | 40,00 EUR | answered by Anna Fuchs
Dear Lawyers,
My name is Maria Rothammer and I have been working as a secretary in a small company for over a year. In recent weeks, my boss has been making inappropriate comments and touching me inappropriately. I feel very uncomfortable and harassed, but I am afraid to take action against it because I fear the consequences.
My boss has tried to persuade me to go on a date several times and has made inappropriate compliments. There have also been physical approaches such as touching or hugging. I have tried to ignore the issue and behave normally, but the situation is now very burdensome and affecting my work.
I wonder if it is legally possible to report my boss for sexual harassment and what steps I would need to take. I am worried about my job, as my boss is very influential and I am afraid he could dismiss me if I take action.
Could you please provide me with information on how to handle this situation and what legal options are available to me? I do not want to feel further harassed and my work environment should be safe and respectful.
Thank you in advance for your help.
Sincerely,
Maria Rothammer
Dear Mrs. Rothammer,
I understand that the situation you are in is very distressing and affecting your work environment. It is important that you do not feel alone and know that there are legal options to address sexual harassment in the workplace.
First and foremost, it is important to know that sexual harassment in the workplace is legally prohibited in Germany. According to the General Equal Treatment Act (AGG), sexual harassment is a form of discrimination and can be pursued both criminally and civilly.
If you feel harassed and want to stand up against your boss, you can take various steps. Firstly, you should try to gather evidence of the harassment, for example by saving inappropriate messages or emails or naming witnesses who have witnessed the incidents.
As a next step, you could have a conversation with your boss and make it clear to him that his behavior is inappropriate and that you feel harassed. If the situation does not improve, you could turn to the human resources department or the works council of your company and ask for support.
If all these measures do not lead to the desired outcome, you could consider taking legal action. For example, you could file a complaint against your boss with the police or contact a labor law attorney to consider a civil lawsuit for compensation and damages.
It is important to emphasize that your employer is obligated to protect you from sexual harassment and take appropriate measures to address the situation. If your employer ignores your complaint or does not respond appropriately, you could also take legal action against your employer.
In conclusion, it is important not to feel alone in this difficult situation and to seek support from colleagues, friends, or professional advisors. Your safety and well-being are paramount, and it is important that you stand up against sexual harassment.
I hope that this information helps you take the right steps in this situation. If you have any further questions or need assistance, I am here to help.
Best regards,
Anna Fuchs, Attorney at Law
