Sexual harassment as a violation of the principle of equal treatment

According to the Supreme Court, harassment, including sexual harassment, will constitute a violation of the principle of equal treatment in employment when, in addition to the statutory features of this phenomenon specified in Art. 183a § 5 point 2 of the Labor Code and art. 183a § 6 of the Code of Criminal Procedure symptoms of differentiation in the situation of employees can be seen in the employer’s action or omission. Only in such a case can it be concluded that the employee will be entitled to compensation referred to in Art. 183d k.p. (resolution of the Supreme Court of December 12, 2023 (II PSK 60/23).