Discrimination penalty for TRT following harassment allegations: Ruling issued in female employee's legal battle

A female employee working at the TRT Çukurova Directorate filed multiple complaints with the institution, alleging that she was harassed by M.K., a technician at the organization, in 2014. Despite the harassment allegations, the employee, who stated she was a victim, was removed from her current position and forced to work under the management of M.K., the very person she had filed complaints against. Consequently, the case was brought before the Human Rights and Equality Institution of Turkey (TİHEK).

According to the female employee's claims, although she reported the harassment and threats she was subjected to following an argument with M.K. to the institution in writing, the institution only issued a warning in response to her allegations. M.K. was promoted to deputy manager at the institution shortly thereafter. Although the female employee worked in different units, she was forced to work under M.K.'s authority again in 2024.

The employee recorded her objection in writing, stating, "I do not find it appropriate that being assigned to this unit means working together with the person I have been subjected to harassment by multiple times in the past." Despite this, the TRT management insisted on the appointment decision. Following these events, the victimized employee initiated a legal process; she applied to the Chief Public Prosecutor's Office with allegations of sexual harassment and to TİHEK on the grounds of discrimination.

The Chief Public Prosecutor's Office decided not to prosecute, citing that the allegations dated back to 2013-2014, a lack of evidence, and the failure to file the application within the statute of limitations. However, TİHEK determined that forcing the woman to work in the same unit with the same manager, despite her years of complaints and victimization, constituted a violation of the prohibition of discrimination.

The reasoned decision prepared by the institution stated that "the employee is not obliged to prove whether they have been subjected to mobbing or discrimination; in essence, it is the employer who must prove that they have not engaged in discrimination." TRT defended the action by claiming it was based on institutional service needs and the exercise of discretionary power. However, the institution could not support these justifications with concrete data.

The decision included the following assessment: "Removing the applicant from her current position and placing her under the authority of deputy manager M.K., against whom she had filed multiple complaints, creates a strong conviction that she was being punished for her complaints. The respondent institution was required to prove that this assignment was not made with the intent to victimize; however, no sufficient explanation could be provided. Consequently, it has been determined that the prohibition of discrimination has been violated."

The Human Rights and Equality Institution of Turkey concluded that TRT violated the prohibition of discrimination and imposed an administrative fine of 204,000 TL on the institution. The decision was reached by a majority vote.

News Source: 12punto