„The relevant literature is correct to deny the assumption of a general duty to refuse on the part of the harassed person. Considerations to assume a "duty to refuse" (“Ablehnungsobliegenheit”) of harassed persons, even if limited, cannot lead to the desired result - especially if one were to qualify such a duty to refuse as "legal duty of a lesser kind" (“Rechtspflicht minderer Art”) - as "duties to refuse" are all too easily abused or misunderstood by potential harassers as justification for their behavior. It should therefore be clarified that the explicit or implicit rejection or refusal of sexually harassing behavior by the person concerned is not a prerequisite for sexual harassment within the meaning of section 6 para. 2 no. 1 of the Equal Treatment Act.“