Title: Cases regarding sexual harassment within the Swedish working life.Aim: The aim was to determine and analyze the applicable law, and cases, within the Swedish labor law regarding sexual harassment as a form of discrimination. Method: The jurisprudence method was applied, which consists of the traditional legal dogmatic method. Analysis: The findings derived from this thesis included ambiguities on the regulations of sexual harassment, albeit a clear understanding of how the burden of proof is applied was not one of them. The legal structure of sexual harassment does not appear to be satisfying theoretically. Among other things, two of its four prerequisites contradict one another; unwanted respective insight. According to the sources of law, the victim is the one who decides whether or not a perpetrator’s behavior towards her or him is unwanted. This, however, seem to contradict the obligation to demonstrate a reason to presume that the perpetrator has an insight that her or his behavior is unwanted – otherwise, the perpetrator’s behavior is not to be perceived as a form of discrimination from a legal perspective. Furthermore, the findings also revealed that cases prior to and after it became customary to telework exclusively from home, due to the ongoing pandemic, might be to the point of non-existence despite the era of the #metoo movement.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-432407 |
| Date | January 2021 |
| Creators | Wahlgren, Emilia |
| Publisher | Uppsala universitet, Företagsekonomiska institutionen, Emilia Wahlgren |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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