spain sex-discrimination
Sexual harassment in a interview Spain
<p>I will explain my situation: the thing is, my girlfriend was looking for a job in my city, since we want to move to an apartment together. When she was looking and posting her job profile, someone contacted her. Some guy contacted her via Whatsapp and asked her if she was looking for a job, and of course she said yes. It was a bar/restaurant, and I think they was looking for a waitress. The problem is, the guy shows her a pic of a website with an advertisement, and it was a website which was for prostitutes, where they can post advertisements.</p>

<p>It was weird, and I don't know what is in the mind of that guy, but he contacts my girlfriend because her name was the same of one advertisement. However, the number of the advertisement and the phone number of my girlfriend are different, so that not even the first number match. My girlfriend and I laugh about it, and block the dude on Whatsapp, but I feel this is something I should report to the police, because I think if it was another girl with no support and desperate for a job she would had problems with some idiot. What can I do or my girlfriend do in this situation? We have the chat with that guy and his personal number. Thanks in advance.</p>

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  <p>What can I do or my girlfriend do in this situation?</p>
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<p>What you describe does not seem actionable.</p>

<p>It appears from your narrative that that person contacted your girlfriend only once. Thus, it does not meet the legal definition of <em>sexual harassment</em> as per the <a href="https://www.boe.es/legislacion/codigos/abrir_pdf.php?fich=038_Codigo_Penal_y_legislacion_complementaria.pdf" rel="nofollow noreferrer">Penal Code of Spain</a>, which in its article 184 requires that requests for sexual "favors" be <em>continued or ongoing</em> (see language "<em>continuada o habitual</em>" in the statute). This is consistent with the criterion in many other jurisdictions that there be a <em>pattern</em> for the misconduct to constitute harassment.</p>

<p>If the person who contacted your girlfriend is related to the bar/restaurant at which your girlfriend applied, your girlfriend <em>might</em> have a recourse on grounds of Article 7 of <a href="https://www.boe.es/buscar/pdf/2007/BOE-A-2007-6115-consolidado.pdf" rel="nofollow noreferrer">Ley Orgánica 3/2007 de 22 de marzo</a>, provided that the incident is reasonably traceable to the employment context. Among other details, it would need to be proved that the communication through Whatsapp qualifies or was disguised as a job interview conducted on behalf of the bar/restaurant.</p>
