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How to Respond to Sexual Harassment at Work?
Are you experiencing sexual innuendos from your boss or co-workers? Sexual harassment at work is, unfortunately, not uncommon, and both women and men can be victims. Learn what the criminal code says about it and how you can prove a violation in court. Understand the definition and different types of harassment.
Table of Contents
Violation of Personal Dignity
Personal dignity is a constitutional value. Every individual has the right to respect and the freedom to make decisions. If you don’t want someone to touch you or engage in intimate discussions, do not allow them to do so. In professional situations, when the initiator of such interactions is a superior, expressing objection can be particularly challenging. It’s essential to recognize what constitutes harassment and when seemingly innocent jokes cross the line and become unlawful.
Characteristics of Sexual Harassment
There are two types of harassment: physical and verbal. Physical harassment is the easiest to identify and prove. It occurs when unwanted touching takes place, such as deliberately brushing against someone, patting their buttocks, or touching intimate areas. In extreme cases, this can escalate to rape. Verbal harassment, on the other hand, is common in the workplace and is often downplayed due to its non-physical nature. How can you tell that something is wrong and boundaries have been crossed?
Signs of personal dignity violation include:
- Ambiguous comments on appearance,
- Encouraging you to view pornographic material,
- Intrusive compliments on the body and making sexual advances,
- Pressuring someone into physical contact,
- Jokes and innuendos with sexual undertones.
An employee must feel safe and comfortable in their workplace. Inappropriate jokes should not be tolerated in any company, and displaying illustrations of nudity in public spaces is also prohibited.
The Effects of Unwanted Touching
Whether you have been subjected to one-time harassment or frequent violations of personal dignity, such situations can have a significant impact on your mental health. Employees often feel pressured because they value their careers and paychecks. It becomes more challenging to stop unwanted jokes or escape from intrusive touches. This leads to feelings of shame and guilt, with victims often losing their self-esteem. They may experience symptoms of depression such as insomnia, loss of appetite, nausea, and anxiety about going to work. It is essential not to underestimate the impact on one’s mental well-being.
Dealing with Harassment
What should someone whose personal dignity has been violated do? First, it’s crucial to express a firm objection. Be confident in your rights and don’t let others convince you that your reaction is exaggerated. Victims should assert that they do not wish to be treated in a particular way. It’s equally important to stand up for others. If you witness a colleague being treated as a sexual object and feel they are uncomfortable, support them. Employee solidarity helps create a safer and more respectful workplace.
What Does the Penal Code Say?
Current Polish law outlines the penalties for those who violate someone’s personal dignity. Article 197 of the Penal Code states that offenders who, by deceit, threat, or violence, force someone into sexual intercourse or another sexual act, can face imprisonment for 6 months to 12 years. Article 202 addresses the presentation of pornographic content, where forcing someone to view such material can result in a fine or imprisonment of up to one year.
How to Prove Harassment
To prove harassment in court, you need evidence. It’s important to prepare thoroughly for the trial and be familiar with the relevant laws. Many people hire a detective who specializes in such cases. In court, the following evidence may be presented:
- Recordings from a hidden dictaphone in a watch, pendant, or phone,
- Printouts of inappropriate email correspondence,
- Medical documentation showing injuries such as bruises caused by unwanted physical contact. Witness testimony is also valuable.
How do you prove harassment? Present all collected evidence and facts. Often, it becomes evident that more than one person was harassed, allowing for a class action lawsuit. Workplace violations should be reported to the State Labour Inspectorate, and the identity of the reporter remains confidential.
Sexual Harassment Cases
Are you the target of sexual jokes or intrusive allusions? Remember that the Penal Code clearly defines such behavior as illegal. Do not allow your personal dignity to be violated—prove the harassment in court. Are you looking for help gathering evidence? Contact a private investigator. The agency will help by recording conversations and compiling evidence.
