FCC on workplace harassment
THE commentary that followed the recent Federal Constitutional Court (FCC) judgement dismissing the harassment claim of an NBP employee gives the impression that the court has rolled back the scope of the workplace harassment law so that it now covers only incidents of an overtly sexual nature, excluding conduct that amounts to gender-based discrimination. This is incorrect. The correct position…
The recent Federal Constitutional Court (FCC) judgement that dismissed an NBP employee's harassment claim has led to confusion about the scope of the workplace harassment law. However, the actual position of the law is that allegations of workplace harassment prior to 2022 must involve conduct of an overtly sexual nature, while actions taken after the 2022 amendment are covered by the law if they are rooted in gender-based discrimination.
The definition of harassment was amended in January 2022 to include discrimination on the basis of gender, which may or may not be sexual in nature, but which embodies a discriminatory and prejudicial mindset or notion resulting in discriminatory behavior against the complainant. This amendment broadens the scope of actionable wrongs and would only cover actions that take place after the amendment.
However, in 2023, the Supreme Court reviewed the Nadia Naz judgement and declared that the original definition should be interpreted to include gender-based discrimination.
Brief written by urgent.news from Dawn's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
