Understanding Sexual Harassment Law in Germany
Sexual harassment is a serious issue in workplaces and society as a whole. In Germany, strict laws exist to protect individuals from unwanted sexual advances, inappropriate behavior, and discrimination. The laws ensure that victims have legal protection and offenders can be held accountable. This article will explain Germany’s sexual harassment laws, give examples, and provide information on how victims can seek help.
What Is Sexual Harassment?
Sexual harassment includes any unwanted behavior of a sexual nature that violates a person’s dignity. It can happen in workplaces, public spaces, and online. It can involve words, physical actions, or even indirect forms of harassment. Under German law, sexual harassment is strictly prohibited, and victims have the right to take legal action.
Examples of Sexual Harassment
- Unwanted touching or physical contact
- Sexual comments, jokes, or inappropriate remarks
- Sending explicit messages, photos, or videos
- Staring or leering in a sexual manner
- Requests for sexual favors in exchange for professional benefits
- Displaying pornographic material in shared spaces
Sexual Harassment Laws in Germany
Germany has specific laws designed to protect individuals from sexual harassment. These laws apply in various settings, including workplaces, universities, and public spaces.
General Equal Treatment Act (AGG)
The most important law regarding sexual harassment in Germany is the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). This law was introduced in 2006 and aims to prevent discrimination based on gender, sexual identity, race, religion, or disability. It explicitly defines sexual harassment as unlawful behavior.
Under this law, employers must take action if an employee reports sexual harassment. If an employer fails to act, they can also be held responsible for allowing harassment in the workplace.
Criminal Code (StGB) – Section 184i
In 2016, Germany added Section 184i to the Criminal Code (Strafgesetzbuch, StGB), making sexual harassment a criminal offense. This means perpetrators can face criminal charges if they engage in non-consensual sexual conduct.
If found guilty under Section 184i, a person may face a fine or imprisonment for up to two years, depending on the severity of the offense.
What to Do If You Experience Sexual Harassment?
If you experience sexual harassment in Germany, you have several options for seeking justice and protection.
Report the Incident
- If the harassment occurs at work, report it to your employer, supervisor, or human resources (HR) department.
- In public places, you can report harassment to the police.
- Universities and educational institutions have regulations and student protection offices to handle complaints.
Seek Legal Advice
Victims of sexual harassment can consult a lawyer or contact organizations that specialize in anti-discrimination cases. The Anti-Discrimination Agency in Germany (Antidiskriminierungsstelle des Bundes) offers advice and support to victims.
File a Complaint or Lawsuit
If your employer does not take action or if the harassment was severe, you can file a legal complaint under the AGG or a criminal complaint under Section 184i of the Criminal Code.
Conclusion
Sexual harassment is not tolerated in Germany, and strict laws exist to protect victims. Whether it occurs in the workplace, public spaces, or online, individuals have the right to take legal action. If you or someone you know experiences harassment, seek support and report the incident to the appropriate authorities. By understanding and enforcing these laws, Germany continues to create a safer and more respectful environment for everyone.
