ABSTRACT
The problem is mirrored by the scarce number of successful litigated outcomes under the federal legislation because proving the racial basis of treatments turns out to be a very daunting task. The findings for Switzerland presented by Kurt Pärli indicate that in the case of discriminatory refusal of employment, an infringement is unlawful unless it is justified by an overriding private interest. In the case of treating sexual harassment as an industrial accident, the Labour Tribunal likewise is ready to reject the workers’ claims. Cox gives an example of a newly hired factory worker who was dismissed after reporting several instances of unwanted sexual touching and harassment by her foreman. The Administrative Labour Tribunal held that no causal connection between the sexual harassment established by the evidence and the woman’s psychological injury was proved. The role of case law in qualifying certain features as legally protected is also discussed by Aneta Tyc.
