Best Sexual Harassment Lawyers in Dornach

About Sexual Harassment Law in Dornach, Switzerland

Sexual harassment is unlawful in Switzerland and is taken seriously in workplaces, schools, public spaces, and online. Dornach is part of the canton of Solothurn, so federal Swiss law applies, complemented by cantonal procedures and support services.

Under Swiss law, sexual harassment includes any unwanted conduct of a sexual nature that affects a person’s dignity. This can include comments, messages, touching, coercion, displaying sexual content, or creating a hostile or intimidating environment. It covers conduct by supervisors, colleagues, contractors, clients, and third parties.

Switzerland addresses sexual harassment in several legal areas. In employment relationships, the Gender Equality Act prohibits sexual harassment and requires employers to prevent and stop it. The Swiss Code of Obligations obliges employers to protect employees’ personal integrity. Some forms of harassment are also criminal offenses under the Swiss Criminal Code. Victims can pursue internal remedies at work, civil remedies, and, where applicable, criminal complaints.

Why You May Need a Lawyer

You may need a lawyer if your employer fails to take your complaint seriously, delays action, or retaliates against you for reporting harassment. Legal counsel can help enforce your rights and compel appropriate measures.

If you are considering a criminal complaint, a lawyer can help you understand thresholds for criminal offenses, prepare your statement, safeguard your rights as a victim under Swiss victim support law, and coordinate with victim support services.

When harassment has affected your employment status or health, a lawyer can advise on protected leave, medical documentation, disability or accident insurance issues, and negotiating adjustments to your role or work location.

In settlement discussions, a lawyer can help secure fair terms such as compensation, a neutral reference, confidentiality, and non-retaliation. A lawyer can also assess whether immediate termination for cause or challenging an abusive dismissal is viable.

If your residence permit or apprenticeship depends on your job, specialized advice helps you manage immigration or training implications while protecting your rights.

Local Laws Overview

Gender Equality Act LEg: Prohibits sexual harassment at work and protects against retaliation. Employers must prevent and stop harassment through policies, training, reporting channels, and prompt investigations. If harassment occurs, courts can award compensation to the affected person. Swiss case law applies a lightened burden of proof for discrimination claims under the LEg. If you make harassment credible, the employer must prove there was no violation.

Swiss Code of Obligations CO: Employers have a duty to protect the personality of employees and maintain a safe, respectful working environment. Failure to act can trigger employer liability. In severe cases, employees may resign with immediate effect for good cause or claim abusive dismissal if they are terminated for opposing harassment.

Swiss Criminal Code StGB: Certain conduct constitutes criminal sexual harassment or sexual offenses. A criminal complaint can be filed with the police. Time limits for prosecution vary by offense, and some can be relatively short, so early advice is important.

Procedure in Solothurn, including Dornach: Employment disputes generally start with a conciliation authority under the Swiss Civil Procedure Code. Many cases must attempt conciliation before going to court. In urgent cases, you can request interim measures to stop ongoing harassment. Legal aid may be available if you have limited means.

Victim support Opferhilfe: People affected by sexual offenses can receive confidential counseling, practical help, and financial support for necessary legal and psychological assistance through the cantonal victim support services.

Unions and professional associations: Trade unions active in Solothurn can provide advice, representation, and support during workplace processes and negotiations.

Frequently Asked Questions

What counts as sexual harassment under Swiss law?

Any unwanted conduct of a sexual nature that violates a person’s dignity. Examples include sexualized jokes, repeated comments about appearance, unwanted touching, coercion, suggestive messages or images, pressuring for dates, or creating a hostile environment. One serious incident or a pattern of smaller incidents can qualify.

Does the law apply if a client or customer harasses me?

Yes. Employers must protect employees from harassment by third parties such as clients, patients, or suppliers. The employer must take appropriate measures, which may include warning the client, changing assignments, or ending the client relationship when necessary.

What should I do first if I am harassed?

Ensure your immediate safety. Document incidents with dates, times, places, what happened, and any witnesses. Save emails, messages, or images. Report the behavior through your employer’s reporting channel or to a trusted manager or HR contact. If there is an immediate threat or a potential crime, call the police at 117.

Do I have to confront the harasser directly?

No. While some policies suggest saying clearly that the behavior is unwanted, you are not required to confront the person if it is unsafe or uncomfortable. Reporting to your employer or seeking legal advice is sufficient.

What if my employer does nothing?

If your employer fails to act, you can escalate internally, involve your union, contact the cantonal equality office, or seek legal counsel. You can bring a claim under the Gender Equality Act and, if applicable, file a criminal complaint. Courts can order measures and compensation.

Can I be fired for reporting harassment?

Retaliation is unlawful. Dismissals linked to opposing harassment or asserting rights under the Gender Equality Act can be abusive, and you may be entitled to compensation. Act quickly, as certain objections and claims have short deadlines.

What deadlines should I know about?

Deadlines vary. For example, if you are dismissed and believe it is discriminatory, you must object in writing before the end of the notice period and may need to file a claim within a short period thereafter. Criminal complaints also have limitation periods that can be short. Consult a lawyer promptly to protect your rights.

Will my complaint be kept confidential?

Employers should keep complaints as confidential as possible while investigating. Witnesses and the accused will typically be interviewed, but information should be shared only on a need to know basis. Victim support services offer confidential counseling.

Can I get compensation?

Yes. Courts can award compensation under the Gender Equality Act for harassment, taking into account the severity and employer response, subject to statutory caps. You may also seek damages for proven financial loss or health costs under general civil law. Settlements can include financial payment, a neutral reference, and other terms.

Do these protections apply to apprentices, interns, and part time staff?

Yes. The protections apply broadly to employees, including apprentices, interns, part time and fixed term staff. Public sector employees are also protected, with specific public law procedures where applicable.

Additional Resources

Federal Office for Gender Equality EBG BFEG - National guidance on equality and sexual harassment in employment.

Victim Support Center Canton of Solothurn Opferhilfe - Confidential counseling, practical help, and financial support for victims of sexual offenses.

Canton of Solothurn Equality Office Fachstelle für Gleichstellung - Information, prevention materials, and referrals concerning sexual harassment and discrimination.

Trade unions in Solothurn region such as Unia, Syna, VPOD, and professional associations - Advice and representation in workplace matters.

Kantonspolizei Solothurn - Police support for reporting criminal offenses. Emergency number 117.

Local medical and psychological services - Primary care doctors and counseling centers can document injuries, provide treatment, and support recovery.

Legal aid unentgeltliche Rechtspflege - Court administered financial assistance for legal representation if you cannot afford it and your case has merit.

Next Steps

1. Prioritize safety. If you feel in danger or a crime has occurred, contact the police at 117.

2. Document everything. Keep a detailed log of incidents, save messages and emails, and note witnesses.

3. Use internal channels. Report the conduct to your manager, HR, or the designated contact in your organization’s policy. Request interim protections such as schedule changes or separation from the harasser.

4. Seek support. Contact victim support services in the canton of Solothurn, a trusted doctor, or a counselor for confidential assistance.

5. Get legal advice early. A lawyer can assess civil, employment, and criminal options, preserve deadlines, and engage with your employer or the authorities on your behalf.

6. Consider settlement or formal proceedings. Your lawyer can help you request interim measures, attempt conciliation, file a claim under the Gender Equality Act, or lodge a criminal complaint if warranted.

7. Protect your career. Discuss a neutral reference, role adjustments, or transfers that safeguard your health and prospects. If termination is on the table, negotiate fair terms and timelines.

This guide provides general information. Every case is fact specific. Early, tailored legal advice in Dornach or the wider Solothurn region will help you choose the best path forward.