Compensation liability of universities for damages caused by sexual harassment of employees and students Cover Image

Odpowiedzialność cywilna uczelni za szkody wyrządzone przez molestowanie seksualne pracowników lub studentów
Compensation liability of universities for damages caused by sexual harassment of employees and students

Author(s): Anna Wilk
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: liability; university; student; employee; superior

Summary/Abstract: If a university employee commits acts against the sexual freedom of other employeesor students, the problem of the university’s liability for damages arises. This liability finds legalgrounds in the provisions of the Civil Code (primarily Article 430 of the Civil Code), as well as inthe provisions of the Labor Code regarding the employer›s liability for sexual harassment, which isa violation of the principle of equal treatment in employment. Therefore, the Author analyzes thepremises for the application of these provisions, their mutual relations, and the most importantpractical problems related to their application, including, in particular, the problem of the relationshipbetween the performance of entrusted activities and causing damage, which is of fundamentalimportance in the context of Art. 430 CC.

  • Issue Year: 2/2023
  • Issue No: 6
  • Page Range: 1-22
  • Page Count: 22
  • Language: Polish