20 April 2005ILO Geneva, Katerine Landuyt Sexual Harassment ILO: International perspective on definition, scope, attitudes and effects

20 April 2005 ILO Geneva, Katerine Landuyt

Sexual Harassment

ILO: International perspective on definition,

scope, attitudes and effects

20 April 2005 Katerine Landuyt, NORMES, ILO Geneva

Sexual harassment at work

Widespread recognition:

Sexual harassment = obstacle to equality of opportunity and treatment between women and men workers.

Sexual harassment at work:

violation of human and workers’ rights form of violence occupational safety and health risk unacceptable working condition form of gender discrimination


Understanding sexual harassmentIt is not friendly and mutually

welcome behavior,It is unwelcome and unwanted conduct

Perceived provocation does not justify it

Determining factor: Reaction of the victim Not intent of the conduct

Silence or lack of complaints does not mean sexual harassment does not occur


Sexual Harassment is:

Not about sex BUT

About power


Defining sexual harassment:Key elements

Conduct/action of a sexual nature, (or other conduct based on sex,) affecting the dignity of women and men, which is

Unwanted, unwelcome or offensive;


Defining sexual harassmentKey elements

two types included in definition:

Quid pro Quo (‘this’ for ‘that’ or sexual blackmail)

Hostile work environment

From a ‘reasonable’ victim point of view

Repeated or single incident


Why does someone sexually harass other persons:

To exercise power or authority

To denigrate or to make someone feel unwanted or ridiculous

Because of ignorance, due to lack of understanding on how the behavior makes the recipient feel.


Types of sexual harassment

Physical unwelcome contact:

Repeatedly squeezing a worker’s shoulder and putting a hand around her or his waist

Rubbing or brushing against one’s breast or behind

Exposing of body parts

Superfluous attention

Forced to have unwanted sex (physical assault and rape)


Verbal:

Repeated inappropriate remarks about

a person’s body parts or looks

Comments or conversations with

sexual innuendo

Obscene jokes of sexual nature

Questionable unwelcome compliments

or endearments that make the recipient

uncomfortable


Non-verbal:

Leering and sexually suggestive gesturing

Displaying of pornographic or sexual suggestive pictures of

men and women


Extent of sexual harassment

Victims mostly women

Incidence higher than expected

Reported cases: tip of the iceberg

Linked to weak position of women

in the labour market


Extent of sexual harassmentGreater incidence

among women who are vulnerable:

young, single, widowed, divorced

under precarious employment contracts

migrants, domestic workers in individualized positions

sex-segregation in male- or female-dominated occupations and industries.


Effects of Sexual Harassment

Victims

Psychological

Suffering

Humiliation

Feelings of betrayal

Depression

Low self-esteem

Powerlessness



Victims

Physiological

Suffering

Headaches

High blood pressure

Sleep disturbances

Gastrointestinal diseases

Suicide



Victims

Professional losses

Loss of job motivation and satisfaction

Missing out on training or promotion

Resignation or dismissal


Effects of Sexual Harassment on:

Enterprises:

Lower productivity because of:

Absenteeism Loss of valued

employees Turnover of staff Workplace tension

Cost in terms of payment of damages or fines

Poor image of company

Society:

Hinders the achievement of equality

Condones sexual violence

Hinders productivity and development

Danger of transmission of HIV/AIDS virus

20 April 2005 ILO Geneva, Katerine Landuyt

ILO: International overview of legal

measures, policies and implementation

mechanisms


National Law Coverage of Sexual Harassment

Acts on sexual harassment

Equality or Non-discrimination Acts

Labour Law (Labour Codes, Termination of Employment Acts and good industrial relations

practices)

Criminal Law

Personal Injury (Tort) Law

Breach of Contract

Judicial decision-making


Elements in Law

Nationally accepted definition of sexual harassment (including

unwelcome nature of the conduct):

Prohibition of sexual harassment: quid pro quo (‘this’ for ‘that’) hostile work environment

Prevention of sexual harassment by requiring employer to take action (e.g.

adoption of sexual harassment policy)

cont’d.


Liability: employers, supervisors harasser

Procedures - fair treatment to: the accused the victim

Sanctions and remedies

Protection against victimization


Vicarious liability of the employer for acts of employees

General principle in some countries:

Employers are vicariously liable for (unlawful) acts of their employees unless the employer can show that reasonable steps have been taken to avoid unlawful conduct (adopted policy of no tolerance, enforced policy, provided training)


Other Means of AddressingSexual Harassment

Workplace Policies and Practical Measures

– Preventive and Remedial– Reinforce and Build on legal prohibitions– If effectively implemented, they increase

reports and decrease incidence of sexual harassment at work


Other Means of AddressingSexual Harassment

Collective bargaining provisions:

may be voluntary or legally binding:

- National- Sector- Enterprise

Codes of Conduct/Policies:

usually voluntary, may be combined with legislation:

- National- Trade Unions- Enterprise


Key Components of Workplace Policies

Strong statement on organization’s attitude toward sexual harassment

Clearly worded definition of sexual harassment

Clear delineation of responsibilities of management and workers

Detailed procedures for grievance handling


Key Components of Workplace Policies (cont’d)

A communication campaign/strategy A systematic training strategy Adequate counselling and referral

services


Procedures

Burden of proof

Special procedures to reflect sensitive nature of sexual harassment cases: no press, in- camera hearings, special training of officers, counselling

Confidentiality

Ensure natural justice guarantees to accused

Graduated sanctions in line with severity of the conduct

Other remedies

NO

VICTIMIZATION


Other Practical Measures Improve safety of work environment (e.g. well-lit

work areas, balance of men and women in all levels during all work hours at all workstations)

Make panels rather than individuals responsible for interviews and selections in hiring and promoting

Remove inappropriate materials from the workplace

Display anti-sexual harassment posters Use monitoring and evaluation mechanisms to

review and modify policies

Documents

20 April 2005ILO Geneva, Katerine Landuyt Sexual Harassment ILO: International perspective on definition, scope, attitudes and effects