Sexual Harassment. A question of power relations

Emotional stress, humiliation, anxiety, depression, anger, powerlessness, fatigue, physical illness - these are some of the potentially serious effects suffered by victims of sexual harassment. Tension in the workplace, inefficient team work and collaboration, lowered work performance, absenteeism, decreased productivity - these are some of its effects on the enterprise.

Although definitions of sexual harassment in various laws, codes, policies, court decisions and collective agreements may differ in some details, most definitions contain the same key elements:

Given its name in the 1970s in the United States as a concept, and made actionable under discrimination law, the issue of sexual harassment has gradually emerged as a recognized phenomenon throughout the world, perceived as a problem of significant magnitude.

Sexual harassment is, above all, a manifestation of power relations - women are much more likely to be victims of sexual harassment precisely because they lack power, are in more vulnerable and insecure positions, lack self confidence, or have been socialized to suffer in silence. Women are also subject to such conduct when they are seen to be competing for power.

Sexual harassment is a form of gender discrimination from both a legal and conceptual perspective. While men may be subjected to sexual harassment, the majority of victims are women. The problem relates to the roles which are attributed to men and women in social and economic life, which, in turn, directly or indirectly, affects women's position in the labour market.

Sexual harassment comes in many forms. One of the most notorious is quid pro quo harassment. This term is used to describe the situation where an employee is forced to choose between acceding to sexual demands or losing job benefits. Because "quid pro quo" harassment can only be committed by someone with the power to give or take away an employment benefit, this form of sexual harassment consists of an abuse of authority by the employer (or by the employer's agent to whom authority over terms and conditions is delegated). Such sexual blackmail is widely regarded as particularly reprehensible, since it represents a breach of trust and an abuse of power. Other forms may produce what is known as a hostile work environment. Examples of this type of conduct includes verbal and non-verbal sexually offensive behaviour exhibited by colleagues (or even customers).

But, in any form, the conduct in question has to be unwelcome or unwanted by the person on the receiving end. A recent ILO survey of company policies on sexual harassment revealed this to be the centerpiece of their policies. This is what distinguishes it from friendly behaviour which is welcome and mutual. It is not the intent of the person guilty of harassing behaviour which is the determining factor; it is the recipient of such behaviour who determines whether conduct of a sexual nature is welcome or not.

The ILO's experience indicates that even when the phenomenon in a particular society is denied by some, its existence is equally positively asserted by those who suffer from it, indicating that lack of awareness of its existence does not necessarily mean that it is not present. Moreover, there is a growing body of empirical research, including case law, documenting the incidence of sexual harassment at work. Surveys carried out in recent years in many countries all reveal that sexual harassment does indeed exist in the workplace in both developing and industrialized countries.

For employees, the consequences of sexual harassment for the victim can be devastating. In addition to the damaging physical and psychological effects mentioned previously, the victim may lose her/his job or job-related experiences such as training, or feel that the only solution is to resign. Sexual harassment leads to frustration, loss of self-esteem, absenteeism and decreased productivity.

For enterprises, in addition to the negative effects mentioned previously, sexual harassment can even be the cause behind valuable employees quitting or losing their jobs when they had otherwise demonstrated good performance. Allowing a climate of tolerance of sexual harassment leaves the enterprise with a poor image, assuming victims are complaining and making their situations public. Furthermore, in a growing number of countries where court action may successfully result in damages and fines, financial risks are increasing.

The consequences for society as a whole are that sexual harassment impedes the achievement of equality, it condones sexual violence and has detrimental effects on the efficiency of enterprises, hindering productivity and development.

Sexual harassment is not only a women's issue; it is a human rights issue, a labour issue and a human resource management issue. It's victims can be workers in the public service, in large and small enterprises, in services and shops, on plantations and farms, and entrepreneurs and traders in marketplaces.

As far back as 1985, the International Labour Conference recognized that sexual harassment in the workplace is detrimental to employees' working conditions and to their employment and promotion prospects, and it called for the inclusion of measures to combat and prevent it in policies for the advancement of equality. Since then the ILO has pointed to sexual harassment as a violation of fundamental rights of workers, declaring that it constitutes a problem of safety and health, a problem of discrimination, an unacceptable working condition and a form of violence (primarily against women). What has been done then to combat it?

At the international level, sexual harassment is not the subject of any binding international Convention. However, the relevant supervisory bodies of the ILO and the United Nations have found that it is covered as a form of sex-based discrimination. An ILO Committee of Experts has addressed sexual harassment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The UN Committee on the Elimination of Discrimination against Women has addressed the issue under the application of the UN Convention on the Elimination of All Forms of Discrimination Against Women, and has adopted General Recommendation No.19 on violence against women, which expressly defines sexual harassment and calls on states to take measures to protect women from this phenomenon. The Organization of American States has adopted a Convention on Violence against Women which contains similar measures. The only international standard so far adopted which prohibits this practice directly is Article 20 of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

At the national level, a significant number of countries (approximately 40) have adopted some form of legislation which covers sexual harassment. Many of them are reviewing draft Acts. In many, sexual harassment has been defined by implication as an activity which is a violation of a statute covering a subject other than sexual harassment, such as human rights, unfair dismissal, contract law, tort law, or criminal behaviour.

The most effective action addresses all forms of sexual harassment. Restricting a prohibition on sexual harassment only to sexual blackmail by employers or their agents is not enough. First of all, it excludes unacceptable conduct between colleagues. Yet harassment by a colleague can have physical, emotional and psychological consequences - which are as damaging as those of harassment by a superior - through the creation of a hostile working environment. Second, where the law limits its definition of sexual harassment to sexual blackmail, the effect is that it is not the harassment per se which is regarded as unlawful, but rather that she (or he) lost a promotion or a pay raise, or was dismissed, because of her (or his) reaction to the harassment. Such a situation effectively permits a worker to be sexually harassed with impunity, provided that no tangible action was taken against him or her in response to resistance.

To handle complaints of sexual harassment, court decisions have stressed the need for due process of the victim and the accused to be honoured. Many claims of sexual harassment have failed or been overturned due to inadequate handling of the complaints. There is a range of potential remedies for sexual harassment under civil, criminal, and worker compensation law. However, it should be kept in mind that the main aim of most victims of sexual harassment is not to sue their employer for damages, but to ensure that the offensive behaviour stops, that it should not recur and that they should be protected against retaliation for having brought a complaint.

Recommended policies and procedures
ILO research indicates that sexual harassment policies and procedures should include four main components: a policy statement, a complaints procedure adapted to sexual harassment which maintains confidentiality, progressive disciplinary rules, and a training and communication strategy. Protection against retaliation must also be a key element of any complaint procedure.

In addition to legislation, there has been an increase in codes of conduct, guidance material, policy statements, and public awareness programmes addressing the issue. Training programmes on sexual harassment have been organized by government agencies, employers' organizations, non-governmental organizations and independent consultancy firms. Collective bargaining has been used as a means of tackling sexual harassment in some countries, and is seen as a potentially effective avenue to prevent and prohibit it. Some employers' organizations have advised their affiliates of current laws, and have recommended that employers formulate policy statements, train managerial and supervisory staff, establish complaints procedures and provide information to all employees. Trade unions in a number of countries have published brochures explaining what sexual harassment is and what can be done about it. Some unions have launched awareness-raising campaigns, urging members to denounce acts of harassment to the works council or trade union representatives.

The extent to which voluntary initiatives concerning sexual harassment have been taken by the social partners varies greatly both within and between countries. Two remarkable trends, however, can be seen. First, where initiatives have been taken, a large area of consensus usually develops between management and trade unions. Dealing with sexual harassment becomes an issue for industrial relations cooperation rather than conflict. Second, a high degree of consensus has also emerged as to the general shape of sexual harassment policies and procedures which it is appropriate to adopt at the enterprise level.

Although legislation is essential, a workplace free of sexual harassment cannot be achieved by legislation alone. Prevention is the best approach to the problem and that involves the taking of affirmative steps at the national, enterprise and trade union levels.

Issues in combatting the problem

Tackling sensitive issues associated with well-worn patterns of human relationships
Changing attitudes with respect to the role of women at work, and how they are treated and valued as workers
Sensitizing men and women to their behaviour, and learning new behaviour with everyone taking some responsibility
Educating managers on the costs and consequences of not preventing or stopping sexual harassment in the workplace

The challenge is to be able to create a workplace atmosphere which discourages sexual intimidation and unwelcome sexual conduct, while promoting a relaxed, collegial and productive working environment and relationships, where the dignity of every worker is respected by all.

Gender! A Partnership of Equals
Geneve: International Labour Office, 2000. 115 p.

Sexual Harassment
A question of power relations

Gender! A Partnership of Equals Geneve: International Labour Office, 2000. 115 p.

Sexual Harassment A question of power relations

Gender! A Partnership of Equals
Geneve: International Labour Office, 2000. 115 p.

Sexual Harassment
A question of power relations