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About Sexual Harassment Law in Regensburg, Germany

Sexual harassment is a serious legal and social issue addressed by both national and local authorities in Regensburg, Germany. Sexual harassment refers to unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that can create a hostile or intimidating environment at work, school, or in public. Germany has established strong legal frameworks to protect individuals from sexual harassment, and Regensburg adheres closely to these national laws, ensuring protection and recourse for victims within the city.

Why You May Need a Lawyer

Experiencing sexual harassment can be distressing and complex to handle without legal guidance. Here are common situations where legal help may be necessary:

  • You have been subjected to unwanted sexual advances at your workplace or educational institution.
  • Your complaints about sexual harassment have not been taken seriously by your employer or relevant authorities.
  • You wish to file a formal complaint or seek compensation for damages resulting from sexual harassment.
  • You are facing retaliation or negative consequences after reporting sexual harassment.
  • You have been accused of sexual harassment and need legal representation to defend yourself.

A lawyer can help you understand your rights, gather necessary evidence, represent you in discussions or legal proceedings, and ensure your case is handled correctly under local and national law.

Local Laws Overview

Sexual harassment in Regensburg is primarily governed by the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG), which prohibits discrimination and harassment, including sexual harassment, in employment and vocational training. Key aspects include:

  • Definition: The AGG defines sexual harassment as unwanted conduct of a sexual nature intended to violate the dignity of the person, particularly when creating a hostile atmosphere.
  • Employer Obligations: Employers must take preventive measures, protect employees, and respond promptly to complaints of sexual harassment.
  • Victim Rights: Victims may have the right to refuse work in a hostile environment, request investigations, or claim damages.
  • Criminal Law: Under the German Criminal Code (Strafgesetzbuch), certain acts of sexual harassment may also constitute criminal offenses, leading to prosecution.
  • Reporting: Incidents can be reported to employers, works councils, the police, or specialized governmental bodies.
  • Limitation Periods: Claims under the AGG generally need to be filed within two months after the incident is reported to the employer.

Regensburg follows these national standards, and local law enforcement is trained to handle sexual harassment complaints confidentially and sensitively.

Frequently Asked Questions

What constitutes sexual harassment under German law?

Sexual harassment includes unwanted sexual advances, inappropriate touching, suggestive remarks, displaying offensive materials, or any behavior of a sexual nature that violates the dignity of an individual or creates a hostile environment.

Where can I report a sexual harassment incident in Regensburg?

You can report an incident to your employer, the local police, works council, or contact specialized organizations such as the Equal Treatment Office (Antidiskriminierungsstelle) in Regensburg.

Do I have to provide evidence to make a complaint?

While evidence strengthens your case, you do not always need to provide clear proof to file a complaint. Testimonies and circumstantial evidence can also be considered. However, gathering relevant documentation or witness statements can help your case.

What are my rights as a victim of sexual harassment?

You have the right to make a complaint, to have your complaint investigated confidentially, to be protected from retaliation, and to receive compensation or support if your complaint is upheld.

Can I be punished for making a false sexual harassment claim?

Yes. Maliciously making a false claim of sexual harassment can result in disciplinary action, legal consequences, or civil claims for damages by the accused.

What can my employer do to protect me?

Employers must investigate reports of sexual harassment, take preventive measures, provide protection to victims, and ensure those who report harassment are not subjected to negative repercussions.

How long do I have to report sexual harassment?

Under Germany’s AGG, you must typically report the incident to your employer within two months of becoming aware of it to benefit from protections and potential claims.

Can sexual harassment be prosecuted as a crime?

Severe cases of sexual harassment, such as sexual assault or coercion, may be prosecuted under the German Criminal Code with criminal penalties if proven.

Will reporting sexual harassment affect my job?

German law prohibits retaliation against persons who report sexual harassment. Your employer must ensure you do not face negative consequences due to your complaint.

Can I remain anonymous when reporting sexual harassment?

You can seek confidential advice and initial support anonymously, but formal investigations typically require identification to pursue the matter fully and grant you legal protections.

Additional Resources

If you are facing sexual harassment or need legal advice in Regensburg, these organizations and bodies can offer help:

  • Antidiskriminierungsstelle des Bundes: Federal Anti-Discrimination Agency offering information and support.
  • Frauenbüro Regensburg: The Women’s Office of Regensburg offers advice and support specifically for women facing discrimination or harassment.
  • Lawyers Specialized in Employment or Criminal Law: Local legal professionals can offer confidential consultations.
  • Police of Regensburg: For urgent cases, contact the local police department.
  • Local Counseling Centers: Various social services provide free counseling and support to victims of sexual harassment.
  • Works Council (Betriebsrat): If you are employed, your company’s works council can provide guidance or intervene on your behalf.

Next Steps

If you are experiencing sexual harassment in Regensburg or are unsure about your rights, consider these steps:

  1. Document all incidents of harassment, including dates, times, locations, and any witnesses.
  2. Reach out to a trusted person, such as a colleague or family member, for support.
  3. Contact a legal professional with experience in sexual harassment cases for confidential advice.
  4. Report the incident to your employer, supervisor, or works council in writing if it occurs at work.
  5. Contact relevant local authorities or organizations for assistance and guidance.
  6. Seek medical or psychological assistance if needed.

Remember, you are not alone and there are legal protections and support services available in Regensburg, Germany to help you through every step of the process. Do not hesitate to seek help and assert your rights.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.