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Sexuelle Belästigung am Arbeitsplatz vor dem Hintergrund des neuen Allgemeinen Gleichbehandlungsgesetzes (AGG)

Sexual harassment has always been a part of social interaction. Being a miniature version of society, a business enterprise cannot avoid experiencing this phenomenon. The situation for affected persons improved greatly when the General Equal Treatment Act of 18.08.2006 came into effect. Introduction of reversal of the burden of proof, the right to withhold performance, and the right to claim compensation and damages — even substantial sums — from the employer will have a deterrent effect. The coming into force of the new AGG is the reason why we present here the national and international statutory situation. The combination of the statutory framework, diversity management and the assumption of self-responsibility would appear to be a suitable means for achieving a decisive improvement in corporate culture, the motivation of employees and the working climate. As an impartial person acting in an advisory capacity, the company doctor could play a decisive role in this context. The initial steps could include the posting of the Act in the company and the holding of staff training events.