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Sexual harassment

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2007 (A) No. 520

The defendant was indicted under the Stalker Regulation Law on a charge of stalking his former girlfriend by sending two rose bouquets and five letters. The defendant argued that the Stalker Regulation Law is unconstitutional because it infringes a “right to fulfill romantic feelings”. The Supreme Court rejected the defendant’s argument opining that even if a right to fulfill romantic feelings were to exist, the purpose of the Stalker Regulation Law is legitimate and its contents are reasonable.

A. v. Bonmarche Ltd. (in administration)

Here, the employment judge found that the claimant was entitled to lost wages for the period between her resignation in December 2018 and the start of her new position in September 2019 on the grounds that the claimant “suffered a substantial reduction in her mental wellbeing” as a result of improper treatment and discrimination from her employer in relation to the claimant’s onset of menopause and was thereby entitled to damages emanating from injury to feelings. The claimant alleged that her store manager discriminated against her for being a woman of menopausal age.

A.L.P. Inc. v. Bureau of Labor & Indus.

Here, petitioner, a male employer, sought review of a final order of the Commissioner of the Bureau of Labor and Industries, which found petitioner had created an intimidating, hostile and offensive working environment based on respondent’s gender, in violation of Or. Rev. Stat. § 659.030(1), which provides, “(1) [i]t is an unlawful employment practice: (B) [f]or an employer, because of an individual's . . .  sex . . .

Abramova v. Belarus

Ms. Abramova, a citizen of Belarus, is a journalist who was arrested for her activism on behalf of the “For Freedom” movement and convicted of “minor hooliganism.” She was held in a temporary detention facility for five days, where she shared a small, unheated cell with an unenclosed toilet area that lay in open view of the all-male staff. During her detention, the male prison staff directed numerous humiliating comments at Ms. Abramova, treatment that the male detainees at the facility did not receive. Upon her release, Ms.

Administracinių nusižengimų kodekso patvirtinimo, įsigaliojimo ir įgyvendinimo tvarkos įstatymas (Law on Procedures for the Approval, Entry into Force, and Implementation of the Code of Administrative Offenses)

The purpose of the Act is to set out penalties for administrative offenses. In addition, it classifies hate crimes and discrimination on the grounds of “gender, race, nationality, language, origin, social status, religion, belief, opinion, or other grounds” to be an aggravating circumstance. Article 81 dictates that the breach of rights conferred by the Republic of Lithuania Law on Equal Opportunities for Women and Men is subject to a fine of EUR 40 to EUR 560 and EUR 560 to EUR 1000 for repeat offenses.

Affaire Zabsonre Asseta C/ Direction Regionale de la Santé de Tenkodogo

Mrs. Z.A. contended that she had been unfairly dismissed for having refused sexual advances by the personnel manager.  The Court found that Mrs. Z.A. did not have the obligation to prove that she had been the subject of sexual harassment.  Her employer had the burden of proof to show that she had been dismissed fairly.  The Court found that Mrs. Z.A. had been dismissed because she did not submit to her personnel manager's sexual advances, and therefore awarded her punitive damages in addition to six months pay.

Analysis of the precedents of the Cantonal Courts on the Gender Equality Act

The study is an in-depth analysis of 190 records of cantonal conciliation hearings and judgments under the Federal Gender Equality Act, 1996 (the “Act”) over the period of 2004 to 2015 by authors Karine Lempen (Law Professor, University of Geneva) and Aner Voloder (Lawyer, Office for Gender Equality of the Municipality of Zurich).  Among the major findings and conclusions reached in the study are the following:

Anania v. Daubenspeck Chiropractic

Two former employees of the defendant were subjected to repeated instances of sexual harassment by the clinic’s patients. The employees alleged that they complained to the defendant about the conduct, but he failed to take any corrective action. They filed suit in the Clark County Court of Common Pleas alleging sexual harassment. The court granted summary judgment in favor of the defendant, holding that Ohio law did not recognize such a claim based on the conduct of non-employees.

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