The parties involved in the “sexual harassment” incident were publicly confronted and convicted of infringement
The court held that the unit’s public handling of the matter at the workers’ assembly violated the employee’s right to privacy and should compensate for mental damages.
According to our newspaper (Reporter Zhou Qian), female employees believed that they had been sexually harassed by colleagues and reported the situation to the company.
At the workers' meeting, the company asked the two parties to openly confront each other, which made the female employees find it difficult to tell, and their privacy rights were violated, so they sued the company for compensation.
Recently, the People's Court of Dongcheng District, Beijing, made a judgment on the case after trial: the company compensated female employees for mental damage soothing money.
The company arranges employees Wang and Zhao to work together at night.
Later female employee Wang reported to the company's leaders, saying that Zhao had molested her language and actions, and knocked on the doors and windows of her dormitory.
Wang also reported this to the unit security officer.
After that, the company held a staff meeting in the cafeteria, saying that it had been investigated, but Zhao denied it and asked Wang if he agreed to the confrontation.
Wang said it was difficult to tell, but Zhao believed that it was his reputation and must be confronted.
The company leaders solicited opinions from both sides, who would say first.
Zhao asked Wang to speak first.
So Wang stated what he thought had happened.
Later, when Zhao asked Wang, "Have you ever been on an overnight shift", Wang took a knife and injured himself.
During this time, Wang was emotional, crying while talking.
After his self-injury, the company organized a rescue and sent him to the hospital for treatment.
Wang brought a lawsuit to the court and believed that the company’s public disclosure of its private information caused the company’s secret private life to be leaked and disseminated, infringing on his privacy rights, and the consequences were very serious. He requested an order for the company’s spirit of compensation. Damage relief money.
The court held that the right to privacy is a personality right for a natural person to independently control the secret information of his private life.
Wang reports to the company's leaders, only to let the leaders know the situation.
The company’s leaders should have handled it carefully and did the ideological work of both parties separately, but they publicly mentioned the matter when the workers’ meeting was held, which violated Wang’s right to privacy.
As a personal right, as long as the right holder does not expressly waive it, no one has the right to divulge and disclose related information and content.
Wang has the right to ask others to keep silent about "sexual harassment" incidents directly related to her in public.
In the end, the court judged that the company should compensate Wang for mental damage soothing money based on various factors.
According to reports, in recent years, related lawsuits such as violations of reputation rights and privacy rights due to sexual harassment and rights protection have emerged one after another.
The judge who heard the case, Li Yanhong, said that employees should be brave enough to say "no" to sexual harassment in the workplace, and at the same time they should raise their awareness of evidence and save chat records, recordings and videos for subsequent rights protection.
On the other hand, the judge recommended that employers improve the internal mechanism for preventing sexual harassment and actively create a working environment for preventing sexual harassment. The workplace should be as open and transparent as possible, improve safety corners, reduce closed design and decoration; establish a correct corporate culture to prevent Vulgar content appeared in collective activities such as annual meetings and team building.