Your Boss Comments On Your Booty But The UNDT Rules it’s Just a Deadlift Adjustment : Shared by Lou Mendez

Your Boss Comments On Your Booty But The UNDT Rules it’s Just a Deadlift Adjustment

Nadine Kaddoura

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Summary
The article examines the UN Dispute Tribunal’s decision in Novo v. Secretary-General (UNDT/2025/098), which rescinded the termination of a UNICEF supervisor accused of multiple acts of sexual harassment and inappropriate conduct toward three female staff members. 

Drawing on the full judgment, the author describes how investigators documented a pattern of remarks about women’s bodies, intrusive stares, personal comments, an inappropriate gift of a book titled Sex and Lies, and suggestive behavior in both social and workplace settings. 

Despite corroborating accounts and extensive testimony, the judge found that none of these incidents met the “objective” threshold for sexual harassment, repeatedly characterizing the conduct as awkward social interaction, habitual nonsexual staring, or educational sharing. 

The judgment also dismissed victim testimony for lack of “objective evidence,” contradicting earlier binding jurisprudence affirming that credible oral testimony alone may establish sexual misconduct. The author argues that the ruling reflects a deep misunderstanding of power dynamics and lived experiences of harassment, sharply diverging from the UN’s stated commitment to a victim-centred approach as presented to the General Assembly. She warns that such reasoning may deter future reporting, embolden predatory behavior, and expose a justice system that shields perpetrators by demanding proof of intent rather than evaluating impact.

Quotes
“The question before this Tribunal is whether the Applicant’s behavior, unprofessional staring at V03’s posterior and the statement about her husband's instructions, constitutes harassment or sexual harassment. In the Tribunal’s view, the Applicant’s conduct must be evaluated in context. The act of staring appears to be a pattern of habitual, subconscious observation rather than any sexual gesture or act.”
“The Tribunal acknowledges V03’s feelings of discomfort but considers that the subjective offence alone does not establish harassment or sexual harassment.”
“Whether the book is professionally relevant can be subjective, and in some humanitarian contexts materials concerning women’s intimate experiences or trafficking may bear on protection, gender-based violence, or cultural understanding relevant to child protection work.”
“Gifting of the book does not meet the objective threshold for harassment or sexual harassment. There is no evidence of sexual intent, no pattern of sexualized conduct tied to the gifting, and no demonstration that the act interfered with V02’s work or created a hostile work environment.”
“In sexual harassment cases, credible oral victim testimony alone may be fully sufficient to support a finding of serious misconduct, without further corroboration being required.”

UN Tribunal Decision