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Dr Karolina Czapska-Małecka
ORCID: 0000-0002-4524-7539

PhD in law, assistant professor at Faculty of Management, University of Warsaw. She is the author of numerous scientific articles in the field of labor law and organizational psychology. She defended her doctoral thesis concerning Therapeutic Jurisprudence in violation of dignity cases like mobbing and discrimination at the Faculty of Law and Administration of the University of Warsaw.

 
DOI: 10.33226/0032-6186.2025.4.6
JEL: K31

Sexual harassment, in accordance with the provisions of the Labor Code, is one of the forms of discrimination that affects the most delicate sphere of an employee – his or her intimacy and sexual integrity. The Labor Code indicates that the perpetrator's action must be undesirable, therefore, the occurrence of sexual harassment is associated with the disapproval of the victim to this form of violation. However, it happens that people experiencing sexual harassment due to many factors, such as fear of losing their job, lack of assertiveness, fear of exclusion from the team, do not report their disapproval, but endure manifestations of gender discrimination. Given this context, the aim of this article is to analyze the essence of opposition to sexual harassment. The article argues that the lack of consent to behavior that constitutes sexual harassment is a necessary element for classifying such conduct as discrimination under Article 183a § 6 of the Labor Code, despite the difficulties that often arise when it is manifested. A key part of the discussion is the analysis of the courts' approach to expressing opposition to sexual harassment and their expectations of an employee's response when faced with such experiences, in relation to psychological knowledge.

Keywords: sexual harassment; discrimination; assertiveness; opposition; workplace psychologically healthy
DOI: 10.33226/0032-6186.2021.5.6
JEL: K31

This article presents the problem of burnout. In the article was presented its genesis, symptoms and their consequences for employees as well as for employers and for the whole society. The article presents solutions adopted in European countries, whose aim is to prevent burnout. The article attempts to analyze what solutions can be adopted in Polish law to prevent burnout, and whether burnout can be considered an occupational disease. Proposed solutions the implementation of which would help employers in the fight against the burnout syndrome, were also presented.

Keywords: occupational burnout; occupational disease; European labour law; psychosocial factors at working environment