Wed, Mar. 31, 2004
Sexual Harassment and Dismissal
CK - Washington. Sexual harassment will justify the termination of an employee with immediate effect under German law, the Supreme Labor Court in Kassel ruled on March 24, 2004, case number 2 AZR 341/03. It also determined that consent may constitute a viable defense under §2 (2) of the Employee Protection Statute, Beschäftigtenschutzgesetz, or BSchG. It remanded the case to the lower court for a factual determination of the employee's claim that the alleged sexual activity with another employee was consensual. This distinction would appear similar to American principles under Title VII of the Civil Rights Act of 1964 which includes sexual harassment among the forms of sexual discrimination and requires an act to be unwelcome to qualify for statutory sanctions.
CK - Washington. Sexual harassment will justify the termination of an employee with immediate effect under German law, the Supreme Labor Court in Kassel ruled on March 24, 2004, case number 2 AZR 341/03. It also determined that consent may constitute a viable defense under §2 (2) of the Employee Protection Statute, Beschäftigtenschutzgesetz, or BSchG. It remanded the case to the lower court for a factual determination of the employee's claim that the alleged sexual activity with another employee was consensual. This distinction would appear similar to American principles under Title VII of the Civil Rights Act of 1964 which includes sexual harassment among the forms of sexual discrimination and requires an act to be unwelcome to qualify for statutory sanctions.
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