SEXUAL HARASSMENT

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SEXUAL HARASSMENT

Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Harassment can occur in many different social settings such as the workplace, the home, school, churches, etc. Harassers or victims may be of any gender.

In most modern legal contexts, sexual harassment is illegal. Laws surrounding sexual harassment generally do not prohibit simple teasing, offhand comments, or minor isolated incidents—that is due to the fact that they do not impose a "general civility code."In the workplace, harassment may be considered illegal when it is frequent or severe thereby creating a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim's demotion, firing or quitting). The legal and social understanding of sexual harassment, however, varies by culture.

Sexual harassment by an employer is a form of illegal employment discrimination. For many businesses or organizations, preventing sexual harassment and defending employees from sexual harassment charges have become key goals of legal decision-making.

Etymology and history

The modern legal understanding of sexual harassment was first developed in the 1970s, although related concepts have existed in many cultures.

The term "sexual harassment"

Although legal activist Catherine MacKinnon is sometimes credited with creating the laws surrounding sexual harassment in the United States with her 1979 book entitled Sexual Harassment of Working Women,

Rowe says that harassment of women in the workplace was being discussed in women's groups in Massachusetts in the early 1970s. At Cornell University, instructor Lin Farley discovered that women in a

Key sexual harassment cases

Sexual harassment first became codified in U.S. law as the result of a series of sexual harassment cases in the 1970s and 1980s. Many of the early women pursuing these cases were African American, often former civil rights activists who applied principles of civil rights to sex discrimination.

Williams v. Saxbe (1976) and Paulette L. Barnes, Appellant, v. Douglas M. Costle, Administrator of the Environmental Protection Agency (1977) determined it was sex discrimination to fire someone for refusing a supervisor's advances.Around the same time, Bundy v. Jackson was the first federal appeals court case to hold that workplace sexual harassment was employment discrimination. Five years later the Supreme Court agreed with this holding in Meritor Savings Bank v. Vinson. Another pioneering legal case was Alexander v. Yale, which established that the sexual harassment of female students could be considered sex discrimination under Title IX, and was thus illegal.

The term was largely unknown (outside academic and legal circles) until the early 1990s when Anita Hill witnessed and testified against Supreme Court of the United States nominee Clarence Thomas. Since Hill testified in 1991, the number of sexual harassment cases reported in the United States and Canada increased 58 percent and have climbed steadily.

Impact

The impact of sexual harassment can vary. In research carried out by the EU Fundamental Rights Agency, 17,335 female victims of sexual assault were asked to name the feelings that resulted from the most serious incident of sexual assault that they had encountered since the age of 15. 'Anger, annoyance, and embarrassment were the most common emotional responses, with 45% of women feeling anger, 41% annoyance, and 36% embarrassment. Furthermore, close to one in three women (29%) who has experienced sexual harassment have said that they felt fearful as a result of the most serious incident, while one in five (20%) victims say that the most serious incident made themselves feel ashamed of what had taken place. In other situations, harassment may lead to temporary or prolonged stress or depression depending on the recipient's psychological abilities to cope and the type of harassment and the social support or lack thereof for the recipient. Harnois and Bastos (2018) show an association between women's perceptions of workplace sexual harassment and self-reported physical health. Psychologists and social workers report that severe or chronic sexual harassment can have the same psychological effects as rape or sexual assault. For example, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded six million dollars in punitive and compensatory damages.) Victims who do not submit to harassment may also experience various forms of retaliation, including isolation and bullying.

As an overall social and economic effect every year, sexual harassment deprives women from active social and economic participation and costs hundreds of millions of dollars in lost educational and professional opportunities for mostly girls and women. However, the quantity of men implied in these conflicts is significant.

Varied legal guidelines and definitions

The United Nations General Recommendation 19 to the convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment of women to include:

such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment.

While such conduct can be harassment of women by men, many laws around the world which prohibit sexual harassment recognize that both men and women may be harassers or victims of sexual harassment. However, most claims of sexual harassment are made by women.

There are many similarities, and also important differences in laws and definitions used around the world.

Egypt

Anti-sexual harassment graffiti in Egypt, reading "No Touching allowed: Castration Awaits You"

Sexual harassment is rife in Egypt. A 2013 study from the United Nations showed that 99.3 percent of Egyptian women have suffered some form of sexual harassment. Authorities punish women when they do speak out.

Morocco

In 2016, a stricter law proscribing sexual harassment was proposed in Morocco specifying fines and a possible jail sentence of up to 6 months. The existing law against harassment was reported to not be upheld, as harassment was not reported to police by victims and even when reported, was not investigated by police or prosecuted by the courts.

Australia

The Sex Discrimination Act 1984 defines sexual harassment as "... a person sexually harasses another person (the person harassed ) if: (a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or (b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated."

Europe

In the European Union, there is a directive on sexual harassment. The Directive 2002/73/EC – equal treatment of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions states:

For the purposes of this Directive, the following definitions shall apply: (...)
sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment
Harassment and sexual harassment within the meaning of this Directive shall be deemed to be discrimination on the grounds of sex and therefore prohibited.

The Convention on preventing and combating violence against women and domestic violence also addresses the issue of sexual harassment (Article 40), using a similar definition.

Denmark

Sexual harassment is defined as, when any verbal, non-verbal or physical action is used to change a victim's sexual status against the will of the victim and resulting in the victim feeling inferior or hurting the victim's dignity. Man and woman are looked upon as equal, and any action trying to change the balance in status with the differences in sex as a tool, is also sexual harassment. In the workplace, jokes, remarks, etc., are only deemed discriminatory if the employer has stated so in their written policy. Law number 1385 of December 21, 2005 regulates this area.

France

In France, both the Criminal Code and the Labor Code are relevant to the issue of sexual harassment. Until May 4, 2012, article 222-33 of the French Criminal Code described sexual harassment as "The fact of harassing anyone in order to obtain favors of a sexual nature". Since 2002, it recognized the possibility of sexual harassment between co-workers and not only by supervisors. On May 4, 2012, the Supreme Court of France quashed the definition of the criminal code as being too vague.The 2012 decision resulted from a law on priority preliminary rulings on the issue of constitutionality. As a consequence of this decision, all pending procedures before criminal courts were cancelled. Several feminist NGOs, such as AFVT, criticized this decision. President François Hollande, the Minister of Justice (Christine Taubira) and the Minister of Equality (Najat Belkacem) asked that a new law be voted rapidly. As a result, LOI n°2012-954 du 6 août 2012 was voted in, providing a new definition. In addition to criminal provisions, the French Labor code also prohibits sexual harassment. The legislator voted a law in 2008 that copied the 2002/73/EC Directive definition without modifying the French Labour Code.

According to Abigail C. Saguy in her book What is Sexual Harassment: From Capitol Hill to the Sorbonne, "According to French penal law, sexual harassment is also different from rape and sexual assault in that it does not involve physical contact. Rather, with sexual harassment , economic dependence and official authority alone are used to pressure a person into having sexual relations."

Germany

In June 2016, the governing coalition decided about the key points of a tightening of the law governing sexual offenses (Sexualstrafrecht, literally: law on the punishment of sexual delicts). On July 7, 2016, the Bundestag passed the resolution and by fall of that year, the draft bill will be presented to the second chamber, the Bundesrat. By this change, sexual harassment shall become punishable under the Sexualstrafrecht.

Now sexual harassment is punishable by law according to § 184i of the law governing sexual offenses. The law only states unwanted physical contact as sexual haressment but has been extended in 2020 to include "cybergrooming" as well.

Greece

In response to the EU Directive 2002/73/EC, Greece enacted Law 3488/2006 (O.G.A.'.191). The law specifies that sexual harassment is a form of gender-based discrimination in the workplace. Victims also have the right to compensation.Prior to this law, the policy on sexual harassment in Greece was very weak. Sexual harassment was not defined by any law, and victims could only use general laws, which were very poor in addressing the issue.

Russia

In the Criminal Code, Russian Federation, (CC RF), there exists a law which prohibits utilization of an office position and material dependence for coercion of sexual interactions (Article 118, current CC RF). However, according to the Moscow Center for Gender Studies, in practice, the courts do not examine these issues.

In 2008, The Daily Telegraph quoted a survey in which "100 percent of female professionals [in Russia] said they had been subjected to sexual harassment by their bosses, 32 per cent said they had had intercourse with them at least once and another seven per cent claimed to have been raped."

Switzerland

A ban on discrimination was included in the Federal Constitution (Article 4, Paragraph 2 of the old Federal Constitution) in 1981 and adopted in Article 8, paragraph 2 of the revised Constitution. The ban on sexual harassment in the workplace forms part of the Federal Act on Gender Equality (GEA) of 24 March 1995, where it is one of several provisions which prohibit discrimination in employment and which are intended to promote equality. Article 4 of the GEA defines the circumstances, Article 5 legal rights and Article 10 protection against dismissal during the complaints procedure.Article 328, paragraph 1 of the Code of Obligations (OR), Article 198 (2) of the Penal Code (StGB) and Article 6, paragraph 1 of the Employment Act (ArG) contain further statutory provisions on the ban on sexual harassment. The ban on sexual harassment is intended exclusively for employers, within the scope of their responsibility for protection of legal personality, mental and physical well-being and health.

Article 4 of the GEA of 1995 discusses the topic of sexual harassment in the workplace: "Any harassing behaviour of a sexual nature or other behaviour related to the person's sex that adversely affects the dignity of women or men in the workplace is discriminatory. Such behaviour includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature."

United Kingdom

The Discrimination Act of 1975 was modified to establish sexual harassment as a form of discrimination in 1986. It states that harassment occurs where there is unwanted conduct on the ground of a person's sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment.

Sexual harassment is also now considered discrimination under the Equality Act 2010. The Equality Act 2010 merged over 116 separate pieces of legislation under one act that protects the rights of citizens and promotes equality for all people. Although this act is in place, many are pushing the UK government to put even more policies in place to stop sexual harassment in the workplace. One group in particular, "This is Not Working", acts because according to recent surveys done by the Women and Equalities Committee, workplace sexual harassment is still very prevalent, even with the current legislation. The movement pushes for even more employers to take responsibility and proactively prevent sexual harassment.

Asia

China

In China, the 2005 Law for the Protection of Women's Rights and Interests of the People's Republic of China states "sexual harassment against women is prohibited" although the law does not explicitly define what sexual harassment is.

Sexual harassment is still pervasive within Chinese culture. A 2018 survey of female journalists revealed that 80% had experienced unwanted behavior, and an online survey of college students from all 34 provinces the same year revealed that 75% of female students and 35% of male students had experienced sexual harassment.

Lebanon

As of 2020, it is estimated that one in four women in Lebanon have been subjected to some form of unsolicited sexual advance, ranging from verbal to physical. On 21 December 2020, the Lebanese Parliament passed a law criminalizing sexual harassment.There was no national legislation to directly criminalize sexual harassment prior, with draft laws being proposed several times without effect.

India

Sexual harassment in India is termed "Eve teasing" and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal or non-verbal conduct being sexual in nature or passing sexually offensive and unacceptable remarks. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. According to the Indian constitution, sexual harassment infringes the fundamental right of a woman to gender equality under Article 14 and her right to life and live with dignity under Article 21.

In 1997, the Supreme Court of India in a Public Interest Litigation defined sexual harassment at workplace, preventive measures and redress mechanism. The judgment is popularly known as Vishaka Judgment.In April 2013, India enacted its own law on sexual harassment in the workplace—The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Almost 16 years after the Supreme Court's landmark guidelines on prevention of sexual harassment in the workplace (known as the "Vishaka Guidelines"), the Act has endorsed many of the guidelines, and is a step towards codifying gender equality. The Act is intended to include all women employees in its ambit, including those employed in the unorganized sector, as well as domestic workers. The Indian law does not permit the victim or complainant to take assistance of a legal professional in the inquiry, however, in Arti Devi Vs Jawaharlal Nehru University, the High Court of Delhi permitted the complainant to avail the services of a counsel as her defence assistant.

The Act has identified sexual harassment as a violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution; as well as the right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment. The Act also states that the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India.

The Criminal Law (Amendment) Act, 2013 introduced changes to the Indian Penal Code, making sexual harassment an expressed offense under Section 354 A, which is punishable up to three years of imprisonment and or with fine. The Amendment also introduced new sections making acts like disrobing a woman without consent, stalking and sexual acts by person in authority an offense.

Israel

The 1998 Israeli Sexual Harassment Law interprets sexual harassment broadly, and prohibits the behavior as a discriminatory practice, a restriction of liberty, an offense to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy. Additionally, the law prohibits intimidation or retaliation thus related to sexual harassment are defined by the law as "prejudicial treatment".

Japan

Laws then established two forms of sexual harassment: daisho, in which rewards or penalties are explicitly linked to sexual acts, and kankyo, in which the environment is made unpleasant through sexual talk or jokes, touching, or hanging sexually explicit posters. This applies to everyone in an office, including customers.Sexual Harassment, or sekuhara in Japanese, appeared most dramatically in Japanese discourse in 1989, when a court case in Fukuoka ruled in favor of a woman who had been subjected to the spreading of sexual rumors by a co-worker. When the case was first reported, it spawned a flurry of public interest: 10 books were published, including English-language feminist guidebooks to 'how not to harass women' texts for men. Sekuhara was named 1989's 'Word of the Year'. The case was resolved in the victim's favor in 1992, awarding her about $13,000 in damages, the first sexual harassment lawsuit in Japanese history.

Malaysia

Sexual harassment is common, and since 2010 trains on the Malaysian Railway have included pink-coloured women-only cars as a means of cutting down on it. There are also women-only buses in Kuala Lumpur since 2010. In 2011, the government launched a women-only taxi service in the greater Kuala Lumpur area. The taxis have women drivers, and operate on an on-call basis.

Pakistan

Pakistan has promulgated harassment law in 2010 with nomenclature as "The Protection Against Harassment of Women at The Workplace Act, 2010". This law defines the act of harassment in following terms. "Harassment means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitude, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to such a request or is made a condition for employment." Pakistan has adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment. The Alliance Against Sexual Harassment At workplace (AASHA) announced they would be working with the committee to establish guidelines for the proceedings. AASHA defines sexual harassment much the same as it is defined in the U.S. and other cultures.

Philippines

The Anti-Sexual Harassment Act of 1995 was enacted:

primarily to protect and respect the dignity of workers, employees, and applicants for employment as well as students in educational institutions or training centers. This law, consisting of ten sections, provides for a clear definition of work, education or training-related sexual harassment and specifies the acts constituting sexual harassment. It likewise provides for the duties and liabilities of the employer in cases of sexual harassment, and sets penalties for violations of its provisions. A victim of sexual harassment is not barred from filing a separate and independent action for damages and other relief aside from filing the charge for sexual harassment.

Prevention

Many sororities and fraternities in the United States take preventive measures against hazing and hazing activities during the participants' pledging processes (which may often include sexual harassment). Many Greek organizations and universities nationwide have anti-hazing policies that explicitly recognize various acts and examples of hazing, and offer preventive measures for such situations.Sexual harassment and assault may be prevented by secondary school, college, and workplace education programs. At least one program for fraternity men produced "sustained behavioral change".

Anti-sexual harassment training programs have little evidence of effectiveness and "Some studies suggest that training may in fact backfire, reinforcing gendered stereotypes that place women at a disadvantage".

BY: MANSI BANERJEE

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Mansi Banerjee