Women as Victims of Court Rulings: Consequences of Workplace Harassment in the Hospitality Industry in Spain (2000–2016)

Abstract

Workplace harassment is a psychosocial risk factor that increasingly affects workers in the hospitality industry. Although this risk factor is recognised by legal regulations in Spain, in many cases the scope of these regulations and their interpretation by the courts remains unclear. The aim of this research is to conduct a qualitative, documentary, and descriptive study of the content of 61 rulings obtained from a search of 2335 rulings in the database of the Judicial Documentation Centre (CENDOJ) for the years 2000 to 2016. The main results show a steady increase in complaints over sixteen years; that women are predominantly the victims of work-related and sexual harassment; and that most harassment is carried out by men, is vertical in nature, and is frequently perpetrated by employers or bosses. Approximately half of the cases resulted in the awarding of some form of financial compensation, and although the amounts were small, over half of these cases involved workplace harassment, with the rest relating to sexual harassment at work. Most cases resulted in the termination of the victim’s contract, either through dismissal or employee abandonment. Based on the results found, we develop proposals that may facilitate future lines of action designed to enhance the defence and legal protection of workers and thus contribute to the promotion and sustainability of wellbeing in the workplace.