Getting bullied because of one's religion

SHOULD AN EMPLOYER BE COMPELLED TO INTERVENE WHEN ONE OF THEIR MUSLIM EMPLOYEES IS BEING HARASSED OR BULLIED AT THE WORKPLACE BECAUSE OF THEIR FAITH?

Summarized: The burden of proof lies upon the victim and they should therefore record all incidents in as much detail as possible. They may be entitled to damage claims against the employer and the perpetrator.

The employer has certain responsibilities towards their employee stemming from the work contract which are in line with Section 241 (2) of the German Civil Code.¹ They must protect the employee’s personal rights in accordance with Article 2 (1) of the Basic Law among other things, which therefore also applies to cases of harassment.² In the event of damage resulting from a breach of these duties, the employer may be held liable under Section 280 (1) 1 of the Civil Code, if they are the one at fault.³ In that case, the affected employee who wishes to sue has to carry the burden of providing proof.⁴ It therefore falls upon the mistreated employee to record all cases of harassment alongside their dates and times with utmost details and find witnesses. 

Possible claims which can be made against the workplace bully can be tort pursuant to Sections 823 et seq. of the Civil Code, including a claim for compensation according to Section 253 of the Civil Code.⁵ If escalated to bodily harm or defamation, the harasser may also face criminal consequences.⁶  

^{1 Federal Labour Court, case from 13.3.2008, file 2 AZR 88/07.} 

^{2 Federal Labour Court, case from 16.05.2007, file 8 AZR 709/06.}

^{3 Bopp, Georgiou, 16. Ed. 2017, page 287.} 

^{4 Federal Labour Court, case from 14.11.2013, file 8 AZR 813/12, margin 11.}

^{5 Poeche in Personalbuch, 25th Ed. 2018, “Mobbing”, margin 6.}

^{6 Koch in Arbeitsrecht von A-Z, 22. Ed. 2018, „Mobbing“.}