Harassment

Case example:
Valentina is sick for a few days from time to time due to her pregnancy. As a result she receives condescending comments from her team: she's over-sensitive and is using her pregnancy as an excuse not to have to come to work. They compare her to another colleague who worked right up to the birth without taking any time off. When Valentina returns from her maternity leave, she is chased around by her boss so much that she doesn't have any time or peace to nurse.

This is what you can do in such a case:

1. If you are treated with condescension because of your pregnancy, because you have pregnancy-related sick days or if it is made difficult for you to nurse, then this is discriminatory.

2. Make it clear to your employer: they are obligated, to a reasonable extent
- to show consideration for your pregnancy/family responsibilities,
- to hand over agreed upon work to you,
- to protect you from unpleasant situations.
Ideally do this accompanied by another person from your workplace or in writing.

3. If the employer does nothing to improve the situation, you can initiate an arbitration and demand the following:
- the elimination or prohibition of discrimination (art. 5 section 1b GlG)
- compensation in the event that the harassment affected you psychologically or physically
- damages in the event that the harassment led to financial loss on your part (medical costs etc.)
Remarks on your appearance can also represent sexual harassment; find advice on this here.

Good to know:

> In general, the following is recommended when it comes to harassment: address what bothers you otherwise you may not be able to make any demands in the event of a later termination. Have a colleague listen in your discussion.

> Write everything down, so that you can prove it later.

> You can also resign at any time during an arbitration, for example, if you have found a new job. The process is continued regardless (art. 10 section 4 GlG).

> You have the right to nurse your child during working hours, both in part-time and full-time work.
The pumping of breast milk also equates to nursing.
The employer must provide you with a suitable location for nursing. However, you chose the location for nursing; this can also be outside of the place of work.
Nursing breaks are paid in the first year of the child's life:
- 30 minutes for a working period of up to four hours per day.
- 60 minutes for a working period of more than four hours per day.
- 90 minutes for a working period from seven hours per day.

Harassment due to pregnancy and motherhood is considered discrimination according to the Gender Equality Act.