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Tickling an employee, two hands on the bare back, and a slap on the buttocks is considered sexual harassment.
The Supreme Court verdict came Tuesday. Photo: Gorm Kallestad / NTB
The Supreme Court ruled on Tuesday.
The ruling will have an impact on what is considered unacceptable behavior in Norwegian workplaces, but also elsewhere, for example at a Christmas table.
The case concerns a young industrial mechanic who experienced undesirable approaches in the workplace.
She filed a lawsuit against two clients of the company and demanded compensation and reparation.
The Supreme Court found that the clients had violated the prohibition against sexual harassment of the Gender Equality Act.
He pretended to take her in the crotch
On one occasion, a customer put his hands under the sweater on the woman’s lower back. In a later case, he had pretended to take her in the crotch.
Eventually, the other customer approached the woman. It is said that he repeatedly tickled her waist.
The actions occurred while the woman worked as the sole employee in a 15-employee machine shop.
– sexually emphasized
The Supreme Court found that both clients had subjected the woman to sexual harassment. The behavior of both clients was sexually explicit, unwanted and upsetting to the woman.
They were ordered to pay compensation of 15,000 and 20,000 crowns, respectively.
The case has been heard in two courts before the Supreme Court decision.
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New established jurisprudence
The final verdict will guide how lower courts will rule on similar cases in the future.
However, most of these cases are handled by the Discrimination Court.
Therefore, the Supreme Court ruling will also provide important guidelines for the court’s activities.
– The Supreme Court lowers the threshold
Attorney Nicolay Skarning represents one of the convicts. He says he thinks it is a good thing that the Supreme Court is now clarifying where the boundaries of sexual harassment go.
– This is an important judgment for work and organizational life. But also for political parties where this issue has created challenges, says Skarning.
It considers that the Supreme Court with this ruling has lowered the threshold of what constitutes sexual harassment.
– Therefore, the threshold is set below what many know. Unwanted contact by colleagues and employees can easily constitute sexual harassment. Therefore, companies need to have a low threshold to capture such behavior so that it can be stopped quickly, says Skarning at the Kvale law firm.
Also the condemned employer
The woman’s employer was sentenced in the Court of Appeal to pay the woman NOK 36,000 in compensation. The court found that the employer had not followed the case well enough when the woman reported the harassment.
The Supreme Court has only heard the case against the two clients.
LO and Fellesforbundet have brought the case on behalf of the woman.
