What is sexual harassment in the work

place?
The definition of sexual harassment in the workplace is the same as the
definition for sexual harassment anywhere. The following definition is from
the Australian Human Rights Commission (AHRC), but very similar wording is
found in the US, UK and EU:
An unwelcome sexual advance, request for sexual favors or other unwelcome
conduct of a sexual nature which a reasonable person would anticipate would
cause a person to feel offended, humiliated or intimidated constitutes sexual
harassment.
Unwelcome Behavior is the critical word. Unwelcome does not mean
"involuntary." A victim may consent or agree to certain conduct and actively
participate in it even though it is offensive and objectionable. Therefore, sexual
conduct is unwelcome whenever the person subjected to it considers it
unwelcome. Whether the person in fact welcomed a request for a date, sex-
oriented comment, or joke depends on all the circumstances.

To really understand what the definition covers, we need to look more

specifically at the types of behaviors covered. The AHRC gives these examples:

 unwelcome touching

 staring or leering

 sexually explicit pictures or posters

 unwanted invitations to go out on dates

 requests for sex

 intrusive questions about a person’s private life or body

 unnecessary familiarity, such as deliberately brushing up against a

person
 insults or taunts based on sex

 sexually explicit physical contact

 sexually explicit emails or SMS text messages

These are just examples and they all look incontrovertible on the page. Other
behaviors that still amount to workplace sexual harassment can be less
obvious, perhaps delivered in a more subtle way. In these situations,
perpetrators may excuse their behavior as flattering or flirtatious, while victims
worry they’re rocking the boat unnecessarily. The fact is, if the behavior of a
sexual nature reasonably makes a person feel offended, humiliated or
intimidated, then it’s sexual harassment.
Workplace sexual harassment laws tie these behaviors to the employment
context – which generally means every employment situation and relationship.
The prohibition covers not only behavior in the workplace itself, but also work-
related activities (e.g. conferences and parties) and basically all the interactions
between people who work together.
The environment itself can also amount to unlawful sexual harassment where
it’s sexually permeated or hostile. This could include a workplace where
pornographic materials are displayed, or a culture where offensive jokes,
sexual banter and crude conversations are the norm.
 What Are the Different Types of Sexual
Harassment in the Workplace?

Behaviors that qualifies as sexual harassment:

PHYSICAL: Physical violence, touching, unnecessary close proximity
VERBAL: Comments and questions about appearance, life-style, sexual
orientation, offensive phone calls
NON –VERBAL: Whistling, sexually-suggestive gestures, display of
sexual materials

In general, there are two types of sexual harassment claims: quid pro quo
claims and hostile work environment claims.

 Quid pro quo. Quid pro quo claims can be filed when someone in a
position of power, such as a boss or manager, uses his or her power to coerce
employees into sexual favors. Sexual harassment victims often feel as if they
have no choice but to comply, or they will lose their job or promotion.
 Hostile work environment. Hostile work environment claims can be
filed when a person’s speech or conduct in the office  negatively impacts
another person’s performance at work and makes them feel uncomfortable. The
perpetrators of a hostile work environment can be anyone in the office,
including coworkers, subcontractors, vendors and even customers.
Prevalence of Sexual Harassment in work
place
It is difficult to quantify the experience of sexual harassment in the workplace
because

(1) There is no universal definition of what constitutes sexual harassment,

(2) Men and women have varying perceptions of what sexual harassment
means and

(3) Many victims of sexual harassment are reluctant to report their experiences.
Low reporting rates are a result of fear of retaliation from employers, concern
for the harasser, shame, belief in the futility of the complaint mechanism
and/or fear of being blamed for the harassment.. 

Additionally, as noted by the Secretary General of the United Nations:  “The

main source of information on sexual harassment in the workplace in most
countries is the labor ministry or the national office that processes complaints
against employers.  In countries where there is no legislation to address sexual
harassment, there are virtually no records on its extent. Surveys have been
conducted by a variety of actors to estimate the proportion of individuals who
have experienced harassment in the workplace, “but in developing countries,
although harassment is recognized as a grave problem,” most information
comes from anecdotal research and the true magnitude of the problem is not
known or well documented.

The manner in which surveys are conducted can also vary significantly by
country and results can differ depending on which questions, and how many,
are asked. Despite difficulties in documenting the experience of sexual
harassment, the results of quantitative and qualitative studies of sexual
harassment conducted around the world demonstrate that sexual harassment
in the workplace is a serious and pervasive human rights violation. 

EFFECTS OF SEXUAL HARASSMENT

Sexual harassment can affect everyone because it creates an environment that
makes it harder for employees to succeed. The possible effects of sexual
harassment in the workplace include 

EMOTIONAL AND PHYSICAL ISSUES

Victims of sexual harassment often suffer emotional and psychological harm,

including stress, depression, and anxiety. They often experience decreased
confidence and self-esteem. Physical health problems may arise such as loss of
sleep and appetite, weight fluctuations, nausea, and headaches.

PROFESSIONAL AND FINANCIAL PROBLEMS

Sexual harassment can also wreak havoc on a victim’s job performance and
career trajectory. Fear and decreased confidence can cause some people to
withdraw from the workplace and disengage from co-workers. They are more
likely to be tardy, absent, distracted, and neglect duties. If victims of sexual
harassment report the harassment, they may suffer advancement setbacks
such as being passed over for promotions, being left out of keys meetings,
retaliation, and being labeled a troublemaker. Financial problems like lost
wages and unpaid leave are also possible.

DECREASED COMPANY PRODUCTIVITY

Sexual harassment is also damaging to an organization. When a workplace is

infected with discrimination and harassment, everyone suffers. The hostility
created by harassment causes absenteeism, low morale, gossip, animosity,
stress, and anxiety among staff. Low productivity is more common in
environments with high rates of sexual harassment. Victims and witnesses of
sexual harassments are more likely to quit, leading to high employee turnover
and related hiring and training cost increases. A toxic environment will also
make recruiting top talent more difficult.

Remedies for Illegal Conduct

Legal remedies for sexual harassment vary from country to country according
to the form of legal protection available to victims of harassment (for example,
whether sexual harassment is addressed through laws prohibiting
discrimination, through labor laws, criminal laws or civil laws (tort laws).

All countries that prohibit sexual harassment, however, have complaint

mechanisms, separate from internal reporting processes, which allow victims
to seek a legal remedy.

In countries that have laws specifically prohibiting sexual harassment as a

form of discrimination, the purpose of the legislation is to prevent the conduct,
and where it has not been prevented, to remedy the consequences of
discrimination.�

The purpose of a remedy is to, as far as possible, put the person in the place he
or she would have been if the discrimination had not existed. When
discrimination was a significant factor in the case, the victim is generally
entitled to compensation for the consequences of the discriminatory action.

Depending on the severity of sexual harassment complaints and findings of the

investigator, remedial actions for sexual harassment may include the following.
Where the person lost an employment opportunity:

�        hiring the person for the job or opportunity lost;

�        providing the person with the opportunity which was missed to

the extent possible;

�        providing financial compensation for the lost opportunity.

Where the person has lost wages:

Lost wages may be awarded if the harassment was a significant factor

affecting the employer's decision to terminate employment or the
victim's decision to quit. In this case, compensation would be for:

�        all or part of the lost wages or salary;

�        lost pension or other benefits;

�        lost raises, overtime, shift bonuses, or higher rates of pay which

should have been earned by promotion, etc.;

�        any lost wages or benefits which can reasonably be linked to the

act of sexual harassment.

Expenses

As a general rule, all expenses attributable to the enforcement of the

person's rights are recoverable. Examples of such expenses include:

�        medical expenses, such as psychological care

�        travel expenses for attending physician

�        preparation of reports and costs of experts' attendance at a

tribunal

�        travel costs to attend hearing

�        wages and/or tips lost as result of attendance at hearing

�        in exceptional circumstances, compensation for future costs

which are reasonably likely to be incurred, such as future
psychological counseling

Compensation for injury to dignity, feelings, or self-respect

Victims of harassment often feel hurt, humiliated, and degraded. The

more intimate and personal the nature of the harassment, the more
injury to emotional well-being would be expected. Some of the factors
which are considered in determining the amount of compensation for
injury to feelings in a complaint of harassment include:

�        the nature of the harassment; e.g. was it verbal or physical

�        degree of aggressiveness/physical contact of the harassment

�        ongoing nature; the duration of the harassment

�        frequency of the harassment

�        vulnerability of the victim

�        the psychological impact of the harassment on the victim