The prohibition against sexual harassment
Supreme Court judgment 22 December 2020, HR-2020-2476-A, (sak nr. 20-027579SIV-HRET) og (sak nr. 20-027583SIV-HRET), civil case, appeal against judgment.
I. A (Counsel Tina Storsletten Nordstrøm), Fellesforbundet (intervener) (Counsel Lars Olav Skårberg) v. B (Counsel Nicolay Skarning)
II. C (Counsel Hedvig Cecilie Svardal) (Assisting counsel Jan-Erik Sverre) v. A (Counsel Tina Storsletten Nordstrøm), Fellesforbundet (intervener) (Counsel Lars Olav Skårberg)
Justices: Bull, Falch, Bergh, Thyness, Steinsvik
A young female industrial worker, who was the only female among 15 workshop employees, had experienced that one of the workshop's customers on one occasion had placed his hands under her sweater on the lower part of her back. On a later occasion, he had pretended to grab her crotch. Another customer had over time approached the woman, repeatedly tickled her waist and on one occasion smacked her bottom over her trousers. The Supreme Court found that both customers had subjected the woman to sexual harassment, see section 8 of the Gender Equality Act 2013, which is continued in section 13 of the current Equality and Anti-Discrimination Act. Both customers' conduct was of a sexual nature, unwanted and troublesome to the woman. They were ordered to pay NOK 15 000 and NOK 20 000 respectively in compensation for non-economic loss. The workshop, which had been ordered by the Court of Appeal to compensate the woman for economic loss, had not appealed the Court of Appeal's judgment.