Legal Protection Against Sexual Harassment in the Workplace

Addressing the issue of sexual harassment in the workplace requires not only legal expertise but also profound human sensitivity towards the victim whose personal and professional dignity has been violated. These are unacceptable behaviors that can occur in offices, shops, or professional practices, manifesting through abuse of power, sexual blackmail, or the creation of a hostile and intimidating work environment. As an attorney specializing in compensation for damages in Milan, Avv. Marco Bianucci fully understands the delicacy of these situations and the devastating impact they can have on a worker's psychophysical well-being. The primary objective of the firm is to provide solid legal support to stop harmful conduct and obtain fair compensation for the damages suffered, guiding the client through a protection process that can involve both the liability of the perpetrator of the harassment and that of the employer.

The Regulatory Framework and Employer Liability

In the Italian legal system, protection against sexual harassment at work is based on various regulations, including the Code of Equal Opportunities and Article 2087 of the Civil Code. The latter obliges employers to adopt all necessary measures to protect the physical integrity and moral personality of workers. This means that a company is not only responsible if the employer themselves commits the harassment but can also be held liable for the conduct of colleagues or superiors if it has not adequately supervised or intervened to stop the unlawful behavior. The compensable damages in these cases are predominantly non-pecuniary, including biological damage (damage to psychophysical integrity verifiable by forensic medical examination), moral damage (suffered inner suffering), and existential damage (alteration of life habits and social relationships). It is crucial to understand that the law aims to sanction any unwanted behavior of a sexual nature, expressed physically, verbally, or non-verbally, that has the purpose or effect of violating the dignity of a female or male worker.

The Bianucci Law Firm's Approach to Compensation for Damages

Avv. Marco Bianucci, thanks to his consolidated experience as an attorney specializing in compensation for damages in Milan, adopts a rigorous and personalized defense strategy for every case of workplace harassment. The Bianucci Law Firm's approach always begins with attentive and confidential listening to the victim, which is essential for reconstructing the facts and assessing the evidentiary strength, which is often the biggest challenge in these contexts. The strategy focuses on the meticulous collection of documentary evidence, witness testimony, and, where necessary, forensic medical reports to quantify the psychological damage suffered. Legal action is directed not only against the perpetrator of the offense but often also against the company or employer for *culpa in vigilando* (failure to supervise), thereby maximizing the chances of obtaining full compensation. Avv. Marco Bianucci's goal is to ensure that the victim never feels alone during the legal process, working with determination to transform a traumatic experience into an assertion of justice and law.

Frequently Asked Questions

Is the employer responsible for harassment committed by a colleague?

Yes, the employer can be held civilly liable even for harassment perpetrated by the victim's colleagues. According to Article 2087 of the Civil Code, the employer has a duty to ensure the physical and moral integrity of employees. If the company was aware of the facts, or should have been aware of them using ordinary diligence, and did not intervene to stop the harmful conduct or sanction the perpetrator, it may be ordered to pay damages jointly with the perpetrator of the harassment for failure to supervise and protect.

What types of damages can I claim in case of sexual harassment?

The victim of sexual harassment at work is entitled to compensation for all pecuniary and non-pecuniary damages suffered. Non-pecuniary damage is the most significant category and includes biological damage (any psychological conditions such as anxiety or depression resulting from the incident), moral damage (inner suffering and subjective distress), and existential damage (worsening of quality of life). Furthermore, pecuniary damages can be claimed if the harassment has caused financial losses, such as medical expenses or loss of job opportunities due to forced resignation.

How can I prove harassment if there are no witnesses?

Proving sexual harassment can be complex as it often occurs in the absence of direct witnesses, but it is not impossible. Avv. Marco Bianucci, as an attorney specializing in compensation for damages, advises preserving all useful elements: messages (SMS, WhatsApp), emails, voice recordings (if lawful), and meticulously noting down the episodes. Indirect testimonies (people to whom the victim confided the incident immediately after it happened) and medical certificates attesting to work-related stress or anxiety also have significant evidentiary value.

What happens if I am fired after reporting harassment?

Retaliatory dismissal, i.e., dismissal issued as a reaction to reporting sexual harassment, is null and void by law. The legal system provides enhanced protection for those who report discrimination or harassment, prohibiting any unfavorable treatment as a consequence of the report itself. In such cases, with the assistance of competent legal counsel, it is possible to challenge the dismissal to obtain its nullification, reinstatement to the job (or a compensatory indemnity), and compensation for damages suffered due to unlawful removal from the company.

Request a Case Evaluation in Milan

If you believe you are a victim of workplace harassment and wish to protect your dignity and obtain fair compensation, do not hesitate to seek qualified legal support. Avv. Marco Bianucci is available at his Milan office, located at Via Alberto da Giussano 26, to analyze your situation with the utmost confidentiality and professionalism. Contact Avv. Marco Bianucci today for an initial consultation and discover how to effectively defend your rights.