Discriminated against several times

Sexually harassed cleaner also lost her job

(Bild: Groh Klemens)

A cleaner had been sexually harassed on a massive scale by her work colleague. After reporting the incident to her employer, she was not offered a suitable alternative and her employment contract was terminated. The AK Upper Austria won 4000 euros for the traumatized woman.

A woman was employed by a temporary employment agency and was deployed as a cleaner in a company. During her probationary period, the Upper Austrian woman was severely verbally and physically harassed by a colleague. When she asked him to leave her alone, the assaults only got worse and culminated in him pushing her against a wall, kissing her against her will and rubbing himself against her.

Worse job offered
The completely terrified woman reported the assault to her employer, but a good solution was not found: the employee was offered an alternative job in another company, but with worse working conditions, a longer commute and only part-time.

The employee was unable to accept the offer under these less favorable conditions. Instead of making her an equivalent alternative offer, the employer ultimately simply terminated the employment relationship.

Prohibition of discrimination
According to the Equal Treatment Act (GlBG), the case involves multiple discrimination: the employer's failure to take remedial action after the sexual harassment was reported, the offer of a less favorable transfer and the termination of the employment relationship in response to the report of sexual harassment, which also violates the prohibition of discrimination.