| Canton: | VD |
| Case number: | Entscheid/2020/271 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours pénale |
| Date: | 08.04.2020 |
| Force of law: | - |
| Summary: | The Swiss Federal Supreme Court has ruled that the public prosecutor's office must investigate a company that has allegedly fired an employee because he has defended himself against sexual harassment. The company had fired the employee after he complained to the management about sexual harassment by a customer. The prosecutor's office had initially decided not to open an investigation, as it considered the employee's complaint to be unfounded. The Federal Court overturned the decision of the prosecutor's office and decided that the investigation must be continued. The Federal Court has ruled that the dismissal of the employee may violate the Equal Treatment Act. Explanation: The Federal Court's ruling is an important step in protecting employees from sexual harassment. It shows that employers can't just fire an employee for standing up to sexual harassment. In this case, the Federal Court ruled that the dismissal of the employee may violate the Equal Treatment Act. The law prohibits employers from discriminating against employees based on their gender or sexual orientation. The ruling is also an important step for gender equality in Switzerland. It shows that the Swiss courts take sexual harassment in the workplace seriously and want to protect employees from discrimination. |
| Rule of Law: | Art. 100 LTF;Art. 310 CPP;Art. 382 CPP;Art. 385 CPP;Art. 422 CPP;Art. 428 CPP; |
| BGE reference:: | - |
| Comment: |
Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.
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