Ms. A v. Mr. B [GBK I/408/12]

In this case, the Applicant brought an action against an older classmate in a vocational course for incessantly taunting and making sexually crude comments to or in the presence of the Applicant. Austria’s Equal Treatment Commission (the “Commission”) concluded that this amounted to sexual harassment in violation of Section 6 para. 1 of the Federal Equal Treatment Act (Bundesgleichbehandlungsgesetz). This opinion is notable for the Commission’s recognition that taking the woman’s age into account is important to the extent that harassed persons deal differently with such treatment and take different lengths of time to process sexual harassment. The Commission considered the practical links between hierarchy, power and sexual harassment, noting that while the occurrence of sexual harassment is always an unacceptable intrusion into the human dignity of the harassed persons, young people are particularly vulnerable. 



Avon Center work product