Bullying
"Don't make such a fuss, it was just a joke."
You are being sexually harassed — through touching, suggestive comments or assaults.
§ 3 Abs. 4 AGG / § 12 AGG
The boss may NOT do that
Sexual harassment is prohibited — and the employer must act!
Sexual harassment at the workplace is a form of discrimination (§ 3 (4) AGG) and expressly prohibited. This includes: unwanted touching, sexually charged remarks, showing pornographic content, unwanted advances — even if meant as a "joke". The employer MUST take protective measures (§ 12 AGG): warning, transfer, dismissal of the perpetrator. You have the right to complain, to damages, to compensation for pain and suffering, and to refuse to work (§ 14 AGG).
What the law says
§ 3 (4) AGG – Definition of sexual harassment
Sexual harassment is discrimination where unwanted conduct of a sexual nature — including unwanted sexual acts and requests for them, sexually determined physical contact, remarks of a sexual nature, and the unwanted showing and visible display of pornographic images — has the purpose or effect of violating the dignity of the person concerned.
§ 12 AGG – Measures by the employer
The employer is obliged to take the necessary measures to protect against discrimination. In the event of violations, they must take the measures appropriate in the individual case (warning, reassignment, transfer or dismissal of the person responsible).
§ 14 AGG – Right to refuse to work
If the employer takes no measures, or obviously unsuitable measures, to stop harassment or sexual harassment at the workplace, the affected employees are entitled to stop their work without loss of pay.
§ 15 AGG – Damages and compensation
For non-pecuniary damage, the employee may claim appropriate compensation in money.
What you can do
- Create evidence: date, place, exact wording, witnesses, possibly photo/audio (caution: secret recordings of third parties are problematic).
- Complain to the employer, JAV, works council — the employer MUST act (§ 13 AGG).
- Points of contact: the Federal Anti-Discrimination Agency (antidiskriminierungsstelle.de), the women's helpline (08000 116 016).
- In case of an assault: call the police IMMEDIATELY (110). A criminal complaint is possible (§§ 184i, 177 StGB).
Email template for your trainer
Subject: Complaint under § 13 AGG — sexual harassment
Dear [management / HR management],
I hereby lodge a complaint under § 13 AGG regarding sexual harassment at the workplace by [name of the person].
Facts:
- Date: [...]
- Place: [...]
- Conduct: [...]
- Witnesses: [...]
I call on you, under § 12 AGG, to take suitable measures without delay to stop further harassment. I request a written response within [14 days].
Kind regards
[Your name]