Sexual harassment of an employee

Pursuant to the judgment of the Supreme Court of November 7, 2018, II PK 229/17 in the case concerning violation of the principle of equal treatment by sexual harassment, the employee is to substantiate the occurrence of sexual behavior and his objection to such behavior (e.g. by avoiding contact with the perpetrator or non-reciprocity of the perpetrator’s behavior, Art.183a § 6 LC). In such a case, the employer bears the burden of proving that there has been no breach of the principle of equal treatment, with the exception of the possibility of justifying sexual harassment by any objective reasons (Article 183b § 1 in fine of the Code of Civil Procedure in conjunction with Article 14 (3) of the Act of 3 December 2010. on the implementation of certain provisions of the European Union in the field of equal treatment, uniform text: Journal of Laws of 2016, item 1219). Article 18 3b § 1 in fine of the Code of Civil Procedure, in the case of sexual harassment (Article 18-3a § 6 of the Code of Civil Procedure), which, due to its obvious unlawfulness, cannot be justified by any objective reasons, must be supplemented by the regulation of Art. 14 sec. 3 of the Act of December 3, 2010 on the implementation of certain provisions of the European Union in the field of equal treatment, according to which, in the event that the violation of the principle of equal treatment is substantiated, the entity accused of violating this principle is required to prove that it has not breached it .