Workplace Harassment
Workplace harassment, also known as “mobbing, ” is a troubling phenomenon that affects many workers in Spain. It consists of a series of hostile and humiliating behaviors that occur systematically and repeatedly in the workplace, causing physical and emotional harm to the victims. As the world of work evolves, organizational structures and power dynamics can give rise to situations where workplace harassment becomes a critical problem for employee well-being and corporate productivity.
Workplace harassment is punishable by law, as stated in Article 173.1 of the Criminal Code:
“Anyone who subjects another person to degrading treatment, thereby seriously undermining that person’s moral integrity, shall be punished by imprisonment for a term of six months to two years.”
The same penalty shall be imposed on those who, having knowledge of the whereabouts of a person’s corpse, repeatedly conceal such information from the family members or relatives of that person.
The same penalty shall apply to those who, within the scope of any employment or civil service relationship and taking advantage of their position of superiority, repeatedly commit hostile or humiliating acts against another person that, while not constituting degrading treatment, represent serious harassment of the victim.”
As previously mentioned, workplace harassment is a concerning reality affecting numerous workers in Spain, and it becomes particularly complex when the victims are people with Asperger’s disorder or autism. These individuals may be subject to discrimination and harassment due to their neurodiversity, which further aggravates the vulnerability they already experience in a work environment that is often not very understanding.
Autism
Autism Type 1, formerly known as Asperger’s Syndrome, is characterized by difficulties in social communication and restricted or repetitive behaviors. Although these characteristics may lead to limited understanding by colleagues and supervisors, they should not be grounds for mistreatment, exclusion, or harassment. However, people with these conditions often face hostility and discrimination that may manifest as isolation, derogatory comments, assignment of humiliating tasks, or lack of support from the work environment.
The Spanish legal system offers certain protections against workplace harassment and discrimination based on disability, but these laws are often not effectively enforced or are unknown to victims. Workplace harassment of people with Asperger’s and autism presents specific challenges due to the difficulties these individuals may have in expressing their situation and the fear of retaliation or misunderstanding by the company.
This article will explore the problem of workplace harassment in Spain, focusing on the experience of people with Asperger’s and autism. It will analyze existing laws and regulations, such as the General Disability Law and the Workers’ Statute, and address the difficulties these individuals face in obtaining justice and an inclusive work environment. Through this exploration, we hope to offer a deep insight into how the legal system can be more sensitive and effective in protecting neurodivergent individuals from workplace harassment, while proposing strategies to foster more inclusive and respectful work environments.
What is workplace harassment?
Workplace harassment refers to any hostile, degrading, or intimidating behavior that occurs systematically and persistently in the workplace. These behaviors may include humiliation and mockery, social isolation, work overload in the context of excessive task assignment with unreasonable deadlines, obstruction of professional career, sexual harassment, etc.
These conducts, when presented systematically and over a prolonged period, may be considered a crime in the workplace in Spain.
Legal Framework in Spain
In Spain, workers who suffer workplace harassment have access to a wide range of regulations to protect their rights, as the Spanish legal system offers various laws and regulations that address this issue. However, one of the main challenges for those facing workplace harassment is gathering sufficient evidence to prove the harassment, which can be complex and time-consuming.
The Spanish legal framework includes several instruments that address workplace harassment, including:
– Organic Law 3/2007, of March 22: This law, aimed at promoting effective equality between women and men, requires employers to take measures to prevent and sanction sexual harassment and harassment based on sex in the workplace. It also establishes the obligation to guarantee equal treatment and opportunities in the workplace, which includes the commitment to prevent any type of harassment.
– Workers’ Statute: This fundamental document for labor rights in Spain recognizes employees’ right to work in an environment free from harassment and stipulates that employers must create working conditions that respect the dignity of individuals. The Statute also provides guidelines on how to handle cases of workplace harassment and describes the possible legal actions that affected workers can take.
– Law 15/2022, of July 12, comprehensive law for equal treatment and non-discrimination: This law explicitly prohibits any conduct, act, criterion, or practice that violates the right to equality. In its Article 4.1, it establishes that harassment is considered a violation of this right, which includes both workplace harassment and harassment for other reasons.
– General Disability Law, establishes that all companies, both public and private, with a workforce of 50 or more employees must reserve 2% of their positions for people with a disability of 33% or higher, regardless of the type of contract. This law seeks to promote inclusion and establishes several fundamental premises, such as equal opportunities for people with disabilities, the eradication of direct or indirect discrimination, the elimination of harassment behaviors or any type of negative attitude toward this group, and compensation for the disadvantages resulting from disability. The law also aims to accelerate or achieve de facto equality for people with disabilities and promote their labor integration. These principles seek to ensure that people with disabilities receive fair treatment and equal opportunities in the workplace, while promoting an inclusive environment free from discrimination.
Although these laws provide a robust framework to protect workers from workplace harassment, proving the existence of harassment can be complicated, as it is often based on circumstantial evidence or testimony. Therefore, victims of workplace harassment must carefully document their experiences and seek legal advice to present a strong case.
Lola’s Story
Lola is a nurse with a passion for helping others. From the moment she was hired by a healthcare center, she experienced difficulties due to her medical conditions and her particularities related to Asperger’s and attention deficit. Despite being a diligent and committed worker, Lola became the target of mockery, discrimination, and isolation by her coworkers.
Workplace harassment manifested in various forms, from derogatory comments about her physical appearance and speculation about her private life to physical assaults. As the harassment persisted, Lola began to experience increasing levels of anxiety and physical symptoms, such as bradycardia, which eventually culminated in a myocardial infarction. This critical event led her to come to our firm seeking legal help and file a complaint for workplace harassment, as her health and well-being were being seriously compromised by the toxic work environment.
As a consequence of this harassment, Lola lives in isolation, fearing that this situation will repeat itself in other areas of her life, so she only leaves home when necessary, that is, to go to work, something that causes her great stress, and for those errands and medical appointments that must be done in person.
Lola’s case clearly illustrates how workplace harassment can have devastating effects on victims’ mental and physical health. The constant anxiety and stress caused by the harassment not only affected Lola’s ability to perform her work, but also led to cardiac complications that put her life at risk.
Lola’s decision to file a complaint for workplace harassment was a courageous and necessary step to confront a problem that affects many people in the workplace. Her case highlights the importance of having effective laws and mechanisms to protect workers from harassment and discrimination.
The legal process can be long and difficult, but it is essential to achieve justice and prevent similar situations from occurring in the future. Dolores hopes that her experience will serve to raise awareness among other workers and employers about the importance of creating inclusive and respectful work environments.
Lola’s case is a powerful reminder of the dangers of workplace harassment and how it can profoundly affect people’s lives and health. It also underscores the need to address harassment seriously and to foster work environments that value diversity and mutual respect.
Employers and workers must collaborate to eradicate workplace harassment and create safe spaces for everyone. Lola is an example of courage and resilience, and her story should inspire positive changes in the workplace to protect those who are vulnerable to harassment and discrimination.
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Authors: Macarena Llopis
Preguntas frecuentes sobre acoso laboral, Asperger y autismo
¿Qué es el acoso laboral o mobbing?
El acoso laboral consiste en conductas hostiles, humillantes o intimidatorias que se producen de forma reiterada en el entorno de trabajo y que pueden afectar gravemente a la dignidad, salud física o bienestar emocional de la persona trabajadora.
¿El acoso laboral puede ser delito?
Sí. En determinados casos, el acoso laboral puede tener relevancia penal cuando los actos hostiles o humillantes son reiterados, se producen en el ámbito laboral o funcionarial y suponen un grave acoso contra la víctima.
¿Qué conductas pueden considerarse acoso laboral?
Pueden incluir humillaciones, burlas, aislamiento, comentarios despectivos, asignación de tareas degradantes, sobrecarga injustificada de trabajo, obstaculización profesional, agresiones, amenazas o cualquier conducta repetida que menoscabe la dignidad de la persona trabajadora.
¿Las personas con Asperger o autismo pueden sufrir mayor riesgo de acoso laboral?
Sí. Las personas neurodivergentes pueden encontrarse en una situación de mayor vulnerabilidad si el entorno laboral no comprende sus necesidades, diferencias comunicativas o formas de relación. Esa situación nunca justifica burlas, exclusión, discriminación o trato degradante.
¿Qué protección legal existe frente al acoso y la discriminación?
El ordenamiento jurídico español contempla protección frente al acoso laboral, la discriminación y la vulneración de la dignidad de la persona trabajadora a través del Código Penal, el Estatuto de los Trabajadores, la normativa de igualdad y la legislación sobre discapacidad.
¿Qué debe hacer una persona que sufre acoso laboral?
Es recomendable documentar los hechos, conservar mensajes, correos, partes médicos, testigos, comunicaciones internas y cualquier prueba disponible. También conviene buscar asesoramiento jurídico cuanto antes para valorar la vía laboral, penal o administrativa más adecuada.
¿Es difícil probar el acoso laboral?
Puede ser complejo, porque muchas conductas se producen de forma gradual o sin testigos directos. Por eso es importante recopilar pruebas desde el inicio, solicitar informes médicos si existen daños y preparar una estrategia jurídica adaptada a cada caso.
¿Puede una empresa ser responsable si no actúa ante el acoso?
Sí. La empresa tiene el deber de proteger la dignidad, integridad y salud de las personas trabajadoras. Si conoce una situación de acoso o discriminación y no adopta medidas adecuadas, puede asumir responsabilidades laborales, administrativas o incluso penales según el caso.
¿Qué consecuencias puede tener el acoso laboral para la víctima?
El acoso laboral puede provocar ansiedad, depresión, aislamiento, estrés intenso, problemas físicos, bajas médicas, pérdida de confianza profesional y deterioro de la vida personal. En casos graves, puede afectar de forma muy seria a la salud de la víctima.
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