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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 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 is about a young industrial mechanic who experienced unwanted approaches in the workplace.
The woman filed a lawsuit against two clients of the company. She 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.
Over time, the other customers had approached the woman and, among other things, 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 a reparation of 15,000 and 20,000 crowns, respectively.
The case has been heard in two courts before the Supreme Court’s decision in the case on Tuesday.
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, which can provide compensation and redress.
The Supreme Court ruling will also provide important guidelines for the court’s activities.
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 did not follow 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.