Case of sexual harassment in the workplace in the Public Sector

(Athens Administrative Court of First Instance 18394/2023)

Q: What evidence do I need to win the case?

Useful evidence includes written complaints to the public service or to the Greek Ombudsman, messages, emails, mobile phone messages, audio recordings, testimony of colleagues, medical and psychiatric certificates regarding the impact on health, copies of disciplinary proceedings, and any criminal complaints. It is crucial to demonstrate that the public service knew or ought to have known and failed to take timely measures, such as transferring the alleged perpetrator or excluding him as the victim's evaluator. Delayed transfer or rejection of a request for exclusion constitutes an independent ground for State liability.

29th Section, Single-Member Athens Administrative Court of First Instance

Action for damages, under Articles 105 and 106 of the Introductory Law to the Civil Code (EisNAK), against the Greek State, seeking pecuniary compensation for the moral damages suffered by the plaintiff as a result of unlawful acts and omissions of its organs, and in particular as a result of the sexual harassment that she alleges was inflicted upon her for more than three years by her superior — who filed an additional intervention in support of the defendant — during the performance of their official duties, and the infringement of her personality rights through the latter’s conduct, as well as through the failure of the defendant’s organs to prevent the aforementioned harassment.

Concept of sexual harassment — The respondent bears the burden of proving before the court or another competent authority that there has been no violation of the principle of equal treatment of men and women — Obligations of the employer in the event of a complaint regarding harassing conduct in the workplace.

Evaluation of public servants and the principle of impartiality of collective bodies. Ruling that, in the present case, the concept of sexual harassment is not established; however, there is an infringement of the plaintiff’s personality rights as a result of the inappropriate conduct of the intervenor in the workplace and during the performance of his duties.

Ruling, further, that the delayed transfer of the intervenor from the same workplace, as well as the initial rejection of the plaintiff’s request for his exclusion as her evaluator — against whom her complaint of sexual harassment was pending — caused moral damage to the plaintiff.

The action is partially upheld — The Greek State is recognised as obliged to pay the plaintiff the sum of EUR 6,000 as pecuniary compensation for her moral damage.

See also article Termination of Employment Contract
See also article Severance Compensation
See also article Modification of Employment Terms
See also article Suspension of Work Performance
See also article Annual Leave
See also article Employee Remuneration
See also article Additional Hours – Overtime
See also article Employer Obligations
See also article Job Rotation Employment
See also article Unjustified Employee Absence

FREQUENTLY ASKED QUESTIONS ON WORKPLACE SEXUAL HARASSMENT AND COMPENSATION FROM THE GREEK STATE

1. What compensation can I claim from the Greek State as a victim of harassment?

An employee who has suffered sexual harassment or an infringement of their personality rights by a superior or colleague during the performance of official duties may file an action for damages against the Greek State on the basis of Articles 105 and 106 of the Introductory Law to the Civil Code. The claim seeks pecuniary compensation for moral damages, both for the perpetrator’s acts and for the failure of the public service to prevent or address the conduct in a timely manner. In judgment 18394/2023 of the Athens Administrative Court of First Instance, EUR 6,000 was awarded, but the amount depends on the intensity and duration of the violation, the impact on mental health, and the degree of fault of the public service.

2. What is considered sexual harassment and what is inappropriate conduct?

Sexual harassment consists of any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that violates the dignity of the employee and creates an intimidating, hostile, degrading, or humiliating environment. Even if the court rules that the specific concept of sexual harassment is not established, it may still recognise an infringement of personality rights due to inappropriate conduct in the workplace, which likewise gives rise to a claim for pecuniary compensation. An important point: in cases involving the violation of the principle of equal treatment, the burden of proving that no violation occurred rests with the respondent, not the victim.

3. In which court and within what time-limit must I act?

When the defendant is the Greek State for acts or omissions of its organs, the Administrative Courts have jurisdiction — specifically the Administrative Court of First Instance of the seat of the public service. The claim for damages against the State is generally subject to a five-year limitation period from the date it arises. In addition, the five-year period may begin from each separate act of harassment, so in cases of continuing conduct the deadline is calculated differently. Failure to file the action in time results in loss of the right, which is why the assessment of deadlines must be made promptly by a lawyer.

4. What evidence do I need to win the case?

Useful evidence includes: written complaints to the public service or to the Greek Ombudsman, messages, emails, mobile phone messages, audio recordings, testimony of colleagues, medical and psychiatric certificates regarding the impact on health, copies of disciplinary proceedings, any criminal complaints, and proof of their notification to the public service. It is crucial to demonstrate that the public service knew or ought to have known and failed to take timely measures — such as transferring the alleged perpetrator or excluding him as the victim’s evaluator. Delayed transfer or rejection of a request for exclusion constitutes an independent ground for State liability.

5. How long does the procedure take and what are my chances of success?

The hearing of an action before the Administrative Court of First Instance usually lasts between one and three years until a first-instance judgment is issued, with additional years required if an appeal is filed. The chances of success are strengthened where there is a documented written complaint to the public service and evidence of inaction or inadequate response. The courts have accepted State liability even where the sexual harassment itself is not fully proven, provided that an infringement of personality rights through inappropriate conduct is established. As a rule, the action is upheld in part, with the amount awarded depending on the particular circumstances.

6. What role does the lawyer play in such cases?

The lawyer undertakes from the outset the gathering and assessment of evidence, the drafting of a detailed complaint to the public service and the competent authorities, as well as the filing of a criminal complaint where elements of a punishable act are present. The lawyer files the action for damages before the Administrative Court of First Instance, represents the employee at the hearing, and addresses any additional intervention by the alleged perpetrator in support of the State. At the same time, the lawyer makes use of the principle of reversal of the burden of proof in equal-treatment cases and steers the strategy so as to highlight the public service’s liability for its omissions.