Conviction for homophobia: Threats, humiliation and discrimination «fully consented by the superiors of the company«

GAYLES.TV.- El 23rd criminal court in Barcelona has sentenced to a year and a half in jail and to pay $44.275 in compensation to five Security guards from the station Train of Sants for humiliating and harassing a homosexual partner. «Sewer rat","en Sitges There are only fags and they should be around your neck","I hit with baton and (the complainant) with the bag»Or«fags can't be vigilant»Are some of the vexatious comments directed by the convicted to the victim.

For the judge, the behaviors «insulting and disparaging»With the complainant were continued in the lobby of the station Sants, and especially in the changing rooms, which caused «a situation of anguish»To the victim. To the point that on more than one occasion he returned home with the uniform to avoid meeting his stalkers. In addition, the complainant was subjected to constant changes in the service quadrant and alterations to his working hours. His superiors took no action to "remedy that work situation«, Which motivated him to be on sick leave between February and May 2002 for an anxiety disorder.

Persecution and workplace harassment

The vexatious behavior persisted after his discharge: the convicts placed pink ribbons and handkerchiefs in his personal locker, as well as drawings of obscene content, and directed all kinds of «disparaging remarks«. Between August 2003 and january 2004 caused a new casualty. The threats, harassment and discrimination were «fully consented by the superiors of the company«, According to the sentence. The situation of workplace harassment worsened since the complainant was assigned by his team leader to services of «punishment«, Like working in the open in the rain or in the so-called«dead seasons«, With hardly any passengers.

The sentence also condemns the defendants to indemnify the victim with 30.000 euros for the moral damages they caused, as well as with another 14.275 euros for the days that he remained on sick leave as a result of the events, according to the petition of the Hate Crimes Prosecutor's Office, who requested sentences of two and a half years in prison for the guards.