Harassment and discrimination

An important circumstance that distinguishes these two phenomena is the burden of proof. In the case of the prohibition of discrimination, the employee must only versimilitude its violation, while the employer, who wants to absolve itself of responsibility should demonstrate that this did not take a place.
More difficult from the point of view of the evidence is to the employee situation in which it appears with a claim of  using harassment. Then he must prove that such a phenomenon has occurred and that he was the victim and to demonstrate a causal relationship between the using of harassment and the creation of health disorder.

In its judgment of August 3rd,.2011, I PK 35/11, the Supreme Court ruled that the duty of the employer to counteract of harassment  is the duty of due diligence. The employer may discharge itself of liability for bullying if he proves that he has taken an actions to prevent harassment and that, objectively speaking, these actions are adequate for the intended purpose, and at least potentially effective.

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