About Sexual Harassment Law in Lausanne, Switzerland
Sexual harassment is regarded as a form of discrimination according to Swiss law. This includes any undesired sexual behaviour, notably touching, suggestive remarks, or intrusive questioning about a person's private life. The Swiss Labour Act prohibits sexual harassment in the workplace, and offenders can face punitive consequences such as termination or legal action.
Why You May Need a Lawyer
If you believe you have been a victim of sexual harassment, obtaining a lawyer's assistance could be crucial for various reasons. A lawyer can help you understand your rights, the severity of the harassment, and the legal remedies available. If the harassment has occurred at your workplace, a lawyer can guide you through the process of lodging a complaint with your employer or taking legal action if necessary. If the harassment is criminal in nature, a lawyer can represent your interests in court.
Local Laws Overview
According to Swiss Penal Code Article 198, anyone who harasses a person by performing a sexual act, on themselves or others, in the presence of them; forcing them to perform, have performed or tolerate a sexual act; or by subjecting them to excessive sexual innuendo, becomes liable to a custodial sentence not exceeding three years or to a monetary penalty. In the workplace, employers are required by the Swiss Labour Act to take necessary measures to prevent sexual harassment.
Frequently Asked Questions
1. What evidences can be used in cases of sexual harassment in Switzerland?
You could use emails, text messages, or testimonial accounts from witnesses to prove your case. In some instances, you might also be able to use CCTV footage.
2. Do I have the right to sue my employer for sexual harassment?
Yes, you can sue your employer if they fail to address, prevent, or remedy sexual harassment in the workplace.
3. Is there a specific deadline for filing a sexual harassment claim?
In most cases, there is a statute of limitations for filing a sexual harassment claim, which a lawyer can explain in detail based on your specific circumstances.
4. What types of damages can be recovered in a sexual harassment lawsuit?
Potential damages might include compensation for emotional distress, lost wages, and even punitive damages if the conduct was particularly egregious.
5. What happens if I filed a complaint about harassment, but it's still continuing?
If the harassment continues despite filing a complaint, consider seeking legal advice. Your company may not be taking your complaint seriously, and a lawyer can guide you on further steps.
Additional Resources
You can find additional help or information about sexual harassment from the Federal Office for Gender Equality, the Office of Equality of Lausanne, or EGAL'IT, a non-profit that provides support for sexual harassment victims in Romand Switzerland.
Next Steps
If you believe you are a victim of sexual harassment, you should seek professional legal advice immediately. Retaining a lawyer experienced in dealing with sexual harassment cases can help ensure you understand your rights and the legal procedures involved. Collect any potential evidence, and start documenting incidents with details like dates, times, locations, and any witnesses.
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