essay about sexual harassment at workplace

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Sexual Harassment in the Workplace, Essay Example

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Introduction

Sexual harassment has been a hot topic for years. Corporations all over the world have been forced to deal with sexual harassment legal challenges. Crain & Heischmidt (1995) mention that after the case of Anita Hill-Clarence Thomas, Supreme Court nominee, the number of women coming out to file a complaint about sexual harassment increased significantly. Indeed, in the next nine months, the number of cases increased by 150 percent (Crain & Heischmidt, 1995). Sexual harassment is defined by the Federal Register (1980) as any form of sexual advance, physical or verbal conduct of sexual nature. While sexual harassment is illegal in most countries, it also has ethical implications. Employers need to put effective measures in place that prevent sexual harassment from happening, and make reporting easy, anonymous, and safe. The below paper will focus on government and corporate guidelines for preventing and identifying sexual harrassment.

Sexual Harassment in Context

Significance of the Issue

According to Dromm (2012), “sexual harassment is a real issue with real consequences. What some people in the workplace think brings comfort, actually brings fear and problems with self-esteem” (Dromm, 2012). Sexual harassment in the workplace is a very critical issue and affects men and women alike.

A recent publication by Stop Violence Agaisnt Women (2010) states that “It is believed that at least one-third of women in the United States experience some form of sexual harassment”. This indicates that the prevalence of sexual harassment in the workplace is significantly greater than the number of reported cases would suggest.

Ramsarop & Parumasur (2007) stated that it is still not clear which behaviors and behavior patterns constitute towards sexual harassment. The existence of the gray area makes it harder for individuals to make a judgment, and prosecutors to rule in individual cases. The next section of the review will focus on the main problems that prevent the discovery and the reporting of sexual harassment cases worldwide.

Barriers of Reporting and Ethical/Legal Considerations

According to the Stop Violence Against Women (2007), in most cases sexual harassment is not reported for many reasons. First, women do not believe that authorities and supervisors within the company would take any steps. Secondly, many women are afraid of becoming stigmatized and being blamed for falling a victim of this act. Finally, in some cases, women simply do not want to hurt the person who harassed them. They might be good friends, and a corporate night out resulted in unwanted sexual advancements. In these cases, women believe that the prosecution of the person would be too great of a punishment.

It is also hard to provide a proof of injury at court, and in most cases it is one person’s word against the other person’s, as sexual harassment usually takes place without anyone witnessing it.

Preventive Actions

One of the actions that are taken to handle sexual harassment is that all sexual harassment problems is to create relevant company policies that focus on training related to ethics. Further, policies need to state that employees can report sexual harassment anonymously.

The culture of the organization should focus on openness information sharing. In an ethical company, unwanted sexual advancement should not be tolerated. It’s one thing to be on even ground with that person, as far as sexual advances or even making sexual jokes that they don’t mind. At the same time, when the person starts taking it personally then it should be reported because the person has to feel like what they say and feel matters. According to Sherwyn (2008), “Everyone entertains a different perception of sexual harassment in the workplace, but a coworker’s personal life combined with sexual teasing should never come into play because it can cause some real damage to them especially with people that they have to work around (Sherwyn, 55, 2008).

Recent Case Analysis

A recent sexual harassment case against Kroger (Arkansas Matters, 2015) shows that the company itself has certain responsibilities towards employees. Certain steps need to be taken after the issues are reported, or the preventive policies will not achieve their intended effect. A teenager employee was subjected to sexual harassment in the workplace, and repeatedly reported the issue to her supervisor. According to the ruling in the case, Keoger “failed to take effective action to prevent such abuse of the employee by a male co-worker” (Arkansas Matters, 2015, para. 2). The company did not take any action against the harasser, and is now made to pay a settlement of $42.500. As Faye A. Williams, regional attorney of EEOC’s  confirmed: “Employees – especially very young and vulnerable employees such as in this case — should be able to report to work without fear of sexual harassment,” (Quoted in:  Arkansas Matters, 2015, para. 5).

Bosses and supervisors are usually required to take action, but sometimes they fail to fulfill their obligations to victims, like in the above case.  In light of this, special or mandatory training on sexual harassment is another course of action that people as well as CEOs are forced to take and participate in. During the training people, people, coworkers as well as supervisors are taught about the importance of sexual harassment preventions. Also, these same people are walked through several different training scenarios that show and illustrate what is appropriate behavior in the workplace along with what is intolerable or where the line needs to be drawn.

Reflection and Recommendations

According to Blackstone (2012), “Men and women are made victims of sexual harassment, harmless sexual teasing can open the doors to workplace violence unless measures are put in place to prevent this from happening” (Blackstone, 2012). Therefore, policies should not only focus on women, but the entire population.

It can be argued that women are usually the common victims of sexual harassment and are immediately expected to tell the supervisor, but men are just as susceptible to it as women are. Back in the mid to late 90s, sexual harassment wasn’t as prevalent and in need of methodical prevention like it is today but what is clear is that both genders of people experience it at one point in time.

There have been instances in the past where people who file sexual harassment complaints aren’t dealt with accordingly because of the lack of evidence or because it’s her word against his. In these cases,  employers need to determine who is lying and who’s telling the truth; it can become a battle of moral and workplace. Education related to sexual harassment, prevention, and making it easy to report cases seems to be the most effective solution for reducing the number of cases.

According to Carter (2006), “taking preventative steps to eliminating sexual harassment in the workplace is the key to happy and productive workers not to mention happy supervisors” (Carter, 2006). It can be said that sexual harassment in the workplace is an issue that should be handled with care, because it can impact a lot of people.

In closing, sexual harassment in the workplace has caused quite a lot of damage to the people working in the workplace because of the inaction on both parties’ side but taking the time to prevent it shows courage and adaptability to change; a person’s job is not a place for sexual advances or sexual harassment of any kind. It’s everyone’s responsibility to stop it at the source.

Arkansas Matters. (2015) Kroger to Pay Sexual Harassment Lawsuit Settlement. Arkansas Matters News online. Retrieved from http://www.arkansasmatters.com/news/local-  news/kroger-to-pay-sexual-harrassment-lawsuit-settlement

Blackstone, A. (2012, May 1). Fighting Sexual Harassment in the Workplace. Retrieved November 9, 2015, from University of Maine http://www.scholarsstrategynetwork.org/content/fighting-sexual-harassment-workplace

Carter, S. (2006). Preventing sexual harassment in the workplace. Retrieved November 9, 2015, from http://www.roughnotes.com/rnmagazine/search/management/08_08P070.htm

Crain, K. A., & Heischmidt, K. A. (1995). Implementing business ethics: Sexual harassment. Journal of Business Ethics ,  14 (4), 299-308.

Dromm, K. (2012, May 31). Keith Dromm on Sexual Harassment . Retrieved November 9, 2015, from http://sites.broadviewpress.com/keith-dromm-on-sexual-harassment/

Ramsaroop, A., & Parumasur, S. B. (2007). The prevalence and nature of sexual harassment in the workplace: A model for early identification and effective management thereof. SA  Journal of Industrial Psychology ,  33 (2), 25-33.

Sherwyn, D. (2008). Roundtable Retrospective 2007: Dealing with Sexual Harassment. The Scholarly Commons , 2, 55-55. http://scholarship.sha.cornell.edu/cgi/viewcontent.cgi?article=1386&context=articles

Stop Violence Against Women. (2007) Barriers to Effective Enforcement of Sexual Harassment Law. Retrieved from http://www.stopvaw.org/barriers_to_effective_enforcement_of_sexual_harassment_law.html

Stop Violence Against Women. (2011) Prevalence of Sexual Harassmen t. Retrieved from http://www.stopvaw.org/prevalence_of_sexual_harassment

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Essay on Sexual Harassment

500 words essay on sexual harassment.

Sexual harassment refers to any form of unwelcome sexual behaviour which is offensive, humiliating and intimidating. Further, it is against the law to sexually harass anyone. Over the years, sexual harassment has taken a lot of time to be recognized as a real issue. Nonetheless, it is a start that can protect people from this harassment. The essay on sexual harassment will take you through the details.

Sexual Harassment and Its Impacts

Sexual harassment comes in many forms and not just a single one. It includes when someone tries to touch, grab or make other physical contacts with you without your consent. Further, it also includes passing comments which have a sexual meaning.

After that, it is also when someone asks you for sexual favours. Leering and staring continuously also counts as one. You are being sexually harassed when the perpetrator displays rude and offensive material so that others can see it.

Another form is making sexual gestures towards you and cracking sexual jokes or comments towards you. It is also not acceptable for someone to question you about your sexual life or insult you with sexual comments.

Further, making an obscene phone call or indecently exposing oneself also counts as sexual harassment. Sexual harassment can impact a person severely. It may stress out the victim and they may suffer from anxiety or depression.

Moreover, it can also cause them to withdraw from social situations. After that, the victim also starts to lose confidence and self-esteem. There may also be physical symptoms like headaches, sleep problems and being not able to concentrate or be productive.

What Can We Do

No one in this world deserves to go through sexual harassment, whether man or woman. We all have the right to live freely without being harassed, bullied or discriminated against. It is the reason why sexual harassment is illegal.

To begin with, the person may try talking to the offender and convey their message regarding their unwanted behaviour. Further, it is also essential to stay informed about this issue. Make sure to learn about the policies and procedures regarding sexual harassment in your workplace, school or university.

Further, try to document everything to help you remember the name of the offenders and the incidents. Similarly, make sure to save any evidence you get which will help with your complaint. For instance, keeping the text messages, emails, photos or more.

Most importantly, always try to get external information and advice from people who will help you if you decide to file a lawsuit. Likewise, never deal with it on your own and share it with someone you trust to lighten your load.

Get the huge list of more than 500 Essay Topics and Ideas

Conclusion of the Essay on Sexual Harassment

To conclude, sexual harassment is a very real issue that went unnoticed for a long period of time, but not anymore. It is essential for all of us to take measures to prevent it from happening as it damages the life of the victim severely. Thus, make sure you help out those who are suffering from sexual harassment and make the perpetrator accountable.

FAQ of Essay on Sexual Harassment

Question 1: What are the effects of sexual harassment?

Answer 1: Sexual harassment has major effects on the victim like suffering from significant psychological effects which include anxiety, depression , headaches, sleep disorders, lowered self-esteem, sexual dysfunction and more.

Question 2: How do you tell if someone is sexually harassing you?

Answer 2: It is essential to notice the signs if you feel someone is sexually harassing you. The most important sign is if you feel uncomfortable and experience any unwanted physical contact. If your ‘no’ does not have an impact and you’re being subjected to sexual jokes, you are being sexually harassed.

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What it really takes to stop sexual harassment

Psychologists call for a comprehensive approach with real-world impact

By Brendan L. Smith

February 2018, Vol 49, No. 2

Print version: page 36

11 min read

• Sexual Assault and Harassment

As the list of high-profile men accused of sexual harassment or assault grows, a cultural shift demanding increased accountability for workplace sexual harassment may be occurring in the public eye. But behind closed doors, many companies and institutions have done little to address sexual harassment, which has contributed to hostile work environments not only for victims of sexual harassment but also for other employees who are merely bystanders.

Sexual harassment is a pervasive problem with a devastating toll on employee well-being and performance, according to psychologists who study workplace harassment or provide consultation to companies on how to prevent it. There also is a dearth of research identifying which training programs may help reduce sexual harassment, while some ineffective training may even exacerbate the problem. Companies often still have a problematic knee-jerk reaction to sexual harassment complaints, says C. Brady Wilson, PhD, a psychologist in Scottsdale, Arizona, who specializes in sexual harassment and workplace trauma.

"There is a pattern to close ranks, admit nothing and blame the victim," Wilson says. "Some companies hate the EEOC and hate their own human resources department. They just see sexual harassment complaints as something that slows them down and as an unnecessary expense. There is such a reluctance to cooperate and participate."

In the 2015 fiscal year, the U.S. Equal Employment Opportunity Commission (EEOC) received approximately 28,000 charges alleging harassment or discrimination from employees working for private employers or state or local governments. Almost half of those complaints were based on gender, exceeding race (34 percent) or disability (19 percent). The EEOC estimates that less than 14 percent of individuals experiencing harassment ever file a formal complaint.

Sixty percent of American women voters said they have experienced sexual harassment, according to a recent Quinnipiac University poll. Almost 70 percent of the women who experienced harassment said it occurred at work, more than any other setting. And the poll found almost 90 percent of both male and female voters believe sexual harassment of women is a serious problem.

The current media spotlight on sexual harassment may motivate more companies to adopt sexual harassment training programs, but some efforts aren't successful in changing attitudes or reducing sexual harassment. Conducting a one-time training for new employees is ineffective and is usually just window dressing by companies seeking protection from lawsuits, says Columbia University psychology professor Elissa Perry, PhD, who has researched sexual harassment training programs.

"It's not just about providing one training and you're done. It's got to be a comprehensive approach," she says. "The tone is set at the top. Are they just checking a box? If they are only doing it for legal reasons, then they don't care if it works."

Decades of research has documented the extensive damage suffered by victims of sexual harassment, including anxiety, depression, eating disorders, drug and alcohol abuse, job turnover and post-traumatic stress.

Quick has researched sexual harassment for more than two decades and co-authored a recent article in APA's Journal of Occupational Health Psychology that examined advances in research and the changing dynamics of sexual harassment. More men now are reporting sexual harassment, and more research is needed in the lesbian, gay, bisexual and transgender communities. In the Quinnipiac University national poll, one in five male voters reported that he had experienced sexual harassment. Women also can be aggressors against other women or men, although that is less common, Quick says.

The quest for effective training

While there has been little research evaluating the effectiveness of sexual harassment training programs, there are some best practices that have been identified. Employees should learn about company policies and laws relating to sexual harassment, procedures for filing complaints, and expectations of behavior for all employees, says Chris Kilmartin, PhD, a psychologist and emeritus psychology professor at the University of Mary Washington.

Bystander intervention training also may help increase a sense of accountability, where employees are expected to speak up and even file their own complaints when they witness sexual harassment involving another employee. A toxic work environment can lower productivity and increase turnover and absenteeism, with employees less engaged in their work.

"A hostile environment affects the whole organization, not just the people who are harassed," Kilmartin says. "Basically, it poisons the organization."

Kilmartin has served as a sexual harassment training consultant for many organizations and the armed forces, including the U.S. Army, Air Force and Naval Academy. Training can be engaging, with real-life scenarios, rather than forcing employees to watch a dated video with stilted vignettes. Kilmartin used his chops as a stand-up comedian to incorporate humor into a sexual harassment training video he wrote for the Army. In the video, a clueless soldier is dressed down by a sergeant for telling sexist jokes.

Companies should use sexual harassment training programs that include pre-training, training and post-training components at the individual and group levels, Perry says. An anonymous employee survey or audit of the workplace before the training can be useful in identifying the extent of sexual harassment. The training should be interactive, with multiple training methods, including lectures, videos and role-playing. Follow-up after the initial training should include knowledge assessment tests and annual refresher training courses.

A successful training program might result in an increase in sexual harassment complaints in the short term as more employees feel empowered to report misconduct, but an elevated level of complaints for an extended period may indicate the training hasn't helped, Perry says.

Some ineffective training programs may even backfire and increase negative views or stereotypes, according to research. A study of a 30-minute training found that men who completed the program were more likely to say that sexual behavior at work was wrong, but they also were more likely to believe that both parties contribute to inappropriate sexual behavior. They also were less likely to view coercion of a subordinate as sexual harassment than were men or women who didn't take the training.

The role of workplace culture

Some common risk factors for sexual harassment include workplaces with a strict hierarchical power dynamic where men outnumber women and most supervisors are male. Hiring more women in leadership positions and creating a civil, respectful culture for all employees can help curb the problem, Kilmartin says.

The Defense Department has instituted a comprehensive training strategy to reduce sexual assault and harassment, including an anonymous help line, surveys of armed forces members, focus groups and procedures for reducing retaliation against victims.

In both the military and civilian worlds, sexual harassment complaints are sometimes dismissed as a "he said, she said" situation, says Quick, who co-wrote a forthcoming book on campus sexual assault. Companies need to have clear policies that sexual harassment won't be tolerated and that perpetrators will be punished, but the process needs to be fair to all parties. "You can't use a sledgehammer. Some people do some things unintentionally," Quick says. "You have to look at intentions and actions. It's a deliberative process you have to go through."

A harsh zero-tolerance policy toward sexual harassment also can backfire, where alleged perpetrators don't feel the process is fair and victims fear making a complaint because they may not want the perpetrator to be fired, Quick says. "Everyone potentially has a defense, so you have to listen to both sides of the conflict," he says.

More research is needed to identify personality traits that may contribute to sexual harassment. One study published last year in Personality and Individual Differences found a positive association between sexual harassment proclivity and the "dark triad" personality traits (narcissism, psychopathy and Machiavellianism). While some people view sexist jokes as harmless, another study published in 2015 in the International Journal of Humor Research found that telling sexist jokes was associated with self-reported rape proclivity and blaming of victims.

The fate of harassment targets

One worrying trend is the increase in companies buying liability insurance to defend against sexual harassment lawsuits, because companies may treat sexual harassment as a cost of doing business rather than addressing it, Wilson says. "The fact is it's going to cost the company more to do the training and compliance than buying insurance. That's a hard reality," he says.

Wilson has trained EEOC staff about the differing ways that targets may respond to sexual harassment. Some women may try to avoid an aggressor or make weak pleadings for him to stop. They may downplay the misconduct and endure it for a long time before ultimately filing a complaint. Companies then may use those delays as ammunition against victims to question why they didn't file a complaint sooner or allege that the victims didn't really object to the inappropriate behavior, Wilson says. More than 70 percent of EEOC sexual harassment charges filed during the last two fiscal years included charges of retaliation, according to unpublished EEOC data obtained by the Center for American Progress.

Targets who face retaliation usually aren't fired outright, but their lives in the workplace are made so difficult that they eventually quit, says Wilson, a former president of the Arizona Psychological Association. He had one client whose desk was moved into a hallway outside her office and who had her computer and phone taken away after she filed a sexual harassment complaint.

That retaliation doesn't go unnoticed, and fellow workers often distance themselves from the target rather than helping. "Rarely do people stand up for them," Wilson says. "They don't want to get caught in that web or suffer retaliation themselves."

Bystander intervention training can help reverse that trend by training employees to be responsible for maintaining a safe office environment, even if it means getting involved in a situation they would rather avoid, Wilson says.

On another front, some large companies are compelling their suppliers to take action on sexual harassment, which can be a powerful tool because it affects those businesses' bottom line. McDonald's, Walmart, Trader Joe's, Whole Foods, Burger King and other companies have begun buying fruits and vegetables only from growers who abide by a human rights code of conduct to protect farmworkers called the Fair Food Program , which was developed by the Coalition of Immokalee Workers in Florida.

While high-profile men in politics, entertainment and the media are dominating the news coverage over allegations of sexual harassment, industries with large numbers of female low-wage workers have much higher rates of sexual harassment that go unnoticed with little public outcry. From 2005 to 2015, more than 41,000 charges of sexual harassment were filed with the EEOC, with the hotel and food industries recording the most charges (14 percent), followed closely by the retail industry (13 percent). The media and entertainment industries each accounted for less than 3 percent of sexual harassment complaints.

Shifts in cultural attitudes toward sexual harassment may ultimately be the most valuable tool in combating sexual harassment by creating a shared sense of public responsibility and accountability. The #MeToo social media messages that went viral after the Harvey Weinstein sex scandal illustrated in stark detail how many women have experienced sexual harassment. Kilmartin says he had male friends on Facebook who acknowledged they had previously engaged in sexual harassment, but they promised to stop after reading the heartrending accounts that women shared publicly, often for the first time.

"It was powerful and personalized the issue that it's not just something that happens in an evil Hollywood back room," Kilmartin says. "It helps sensitize men to the stories of people they know so it wasn't just an abstraction."

Greater public awareness of sexual harassment and more proactive involvement by companies and other institutions hopefully will reduce the prevalence of sexual harassment and the devastation it causes, Quick says.

"It's not just a woman's problem. Women continue to be the primary victims of sexual harassment, and they are carrying the burden of suffering," he says. "Until males own their responsibility in the problem, it's going to be really tough to get a big movement in addressing it."

This article originally appeared in Good Company , a newsletter from APA's Center for Organizational Excellence, which works to enhance the functioning of individuals, groups, organizations and communities through the application of psychology to a broad range of workplace issues..

Have we made any progress?

James Campbell Quick, PhD, and M. Ann McFadyen, PhD, seek to answer that question in the July issue of APA's Journal of Occupational Health Psychology (Vol. 22, No. 3, 2017). Their article reviews the literature on sexual harassment and finds that while sexual harassment complaints have decreased by 28 percent since 1998, complaints by males have increased, and merit resolutions and monetary benefits have increased. The authors also point out that one persistent problem related to sexual harassment is a lack of agreement on its definition. dx.doi.org/10.1037/ocp0000054

APA's Center for Organizational Excellence Resources on preventing and addressing workplace sexual harassment, including statistics, reports, trainings, book recommendations and more, can be found at apaexcellence.org/sexual-harassment .

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SEXUAL HARASSMENT AT WORKPLACE: A STUDY ON THE POLICIES AND PREVENTIVE MEASURES

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Sexual Harassment in the Workplace: Consequences and Perceived Self-Efficacy in Women and Men Witnesses and Non-Witnesses

Daniela acquadro maran.

1 Department of Psychology, Università di Torino, 10124 Torino, Italy

Antonella Varetto

2 Clinical Psychology Unit, Città della Scienze e della Salute, Corso Bramante 88, 10126 Torino, Italy

Cristina Civilotti

Associated data.

The datasets generated for this study are available on request to the corresponding author.

Despite the numerous advances made in Italy over the years in the study of sexual harassment in the workplace (SHW), research has focused exclusively on victims, perpetrators, and their relationships, and not on the consequences that the experience of sexual harassment can produce in witnesses. The present study aims to address this gap by examining how the indirect experience of SHW, in conjunction with variables such as gender, age, self-efficacy, and coping strategies, affects the mental health status of witnesses of SHW. A sample of 724 employees completed a questionnaire that included a modified version of the Sexual Experience Questionnaire (SEQ), the Oldenburg Burnout Inventory (OLBI), the General Health Questionnaire (GHQ), the Satisfaction With Life Scale (SWLS), and the Emotional Self-Efficacy Scale (RESE). Of the group, 321 participants reported witnessing sexual harassment in the workplace (28.2% of women and 16.2% of men). Results show that witnesses were younger than participants who described themselves as non-witnesses. Results also show that women and men who were witnesses were more likely to suffer the emotional and psychological consequences of the experience than non-witnesses. In addition, female witnesses expressed more positive emotions than men, which enabled them to manage their anxiety and emotional states when triggered in response to sexual harassment in the workplace. Finally, a significant association was found between perceptions of mental health and age, gender, experience with SHW, and self-efficacy strategies. The findings underscore the importance of sexual harassment intervention in the workplace, women and men who witness sexual harassment suffer vicarious experiences, psychological impact, exhaustion, disengagement, and negative feelings.

1. Introduction

Sexual harassment in the workplace (hereafter SHW) has been officially recognized since the 1970s as a form of violence to be prevented, and several studies have been conducted on it since then (see, e.g., [ 1 , 2 ]). Fitzgerald et al. [ 3 ] define this phenomenon as unsolicited and unwanted sexual behavior that is perceived by the victim as humiliating, offensive, and disabling in terms of their own safety and psychophysical well-being. The International Labor Organization (ILO) describes SHW as a series of repeated, unsolicited, non-reciprocal, and fully imposed harassments by the perpetrator that can have serious undesirable effects on the person [ 4 ]. SHW may include acts such as groping, intrusive looks, comments, and/or jokes about the victim’s body/clothing/uterus, use of sexually explicit language or innuendo about the victim’s private life, comments about sexual orientation, or even sexual/erotic contact and viewing of pornographic audio/video material. Chappell and Di Martino [ 5 ] provide the same definition in their study and also point out that perpetrators often hold more prestigious positions or have more power in the workplace than victims. For this reason, victims may be afraid to fight back or file formal complaints.

Direct experiences of SHW can be very disabling for both the individual and the organization. Research has shown that bullying can threaten physical, psychological, and occupational well-being [ 6 ]. In a summary of studies conducted by the European Commission in Northern European countries, it was found that in 7 of the 75 studies reviewed, more than half of the respondents suffered from negative consequences on general health and well-being [ 7 ]. The effects reported by victims included psychosomatic symptoms such as muscle pain and problems of a physical and psychological nature. The most recurrent emotions are anxiety, anger, stress, humiliation, loss of confidence, personal and professional dissatisfaction, and, above all, a deterioration in interpersonal relationships, especially with colleagues. As far as physical symptoms are concerned, those affected mainly report gastrointestinal problems, headaches, insomnia, nausea, loss of appetite, and weight loss [ 8 ]. As for mental health, the most serious problems are depressive disorders and post-traumatic stress disorder [ 9 ]. The suffering of people in relation to work also leads to deterioration from an organizational point of view. Phenomena such as absenteeism, turnover intentions, and job dissatisfaction can affect organizational performance [ 10 ]. Individuals also often experience deterioration in their work performance [ 11 ]. Organizational culture also suffers, SHW creates a stressful environment in which victims experience important effects such as loss of trust, confidence, and sense of justice toward the organization and its leadership, a reality in which workers ultimately conclude that they count for nothing to the organization [ 12 ].

1.1. Consequences of SHW in Witnesses

SHW has been discussed for decades in the scientific literature and in sociopolitical organizations, and there are numerous studies addressing this aspect to guide experimental research, dissemination, and prevention campaigns in the face of increasing and broader awareness by organizations and stakeholders. Unfortunately, the impact of SHW affects not only the direct victims, but also the witnesses of SHW who live in a climate characterized by these dysfunctional behaviors. As early as the late 1990s, Fitzgerald and her colleagues analyzed the potential consequences of SHW, emphasizing that perceptions of such phenomena can lead to deterioration in the physical health of both direct and indirect victims [ 2 , 13 , 14 ]. These studies suggest that perceptions of gender discrimination, sexual harassment, and other forms of organizational mistreatment can affect women’s and men’s well-being, even if they are not directly affected by SHW.

Some gender differences have been identified in research. Kobrynowicz and Brans-combe [ 15 ] indicated that men’s perceptions of SHW are associated with high levels of assertiveness and low self-esteem. Richman et al. [ 16 ] found that men’s and women’s perceptions of SHW resulted in diametrically opposite psychological states. In men, SHW was associated with worsening mental health. Schmitt et al. [ 17 ] examined the possible consequences of this perception and found that it was both physically and psychologically harmful for women, whereas it had no significant effects for men. One possible explanation suggested by the authors is that women are more likely to be victims of SHW than in other areas. This would lead to more attention being paid to this phenomenon. The study by Harnois and Bastos [ 18 ] investigated the phenomenon of SHW and its consequences in men and women. The results showed that the perception of SHW in women was associated with negative effects on the psycho-physical health of the participants. This supports the concept that the perception of SHW can be theorized as a social stressor [ 19 ]. Perceptions of the presence of SHW were positively associated with negative effects on physical and emotional well-being in both genders. In line with Siuta and Bergman [ 20 ] and Hansen, Garde, and Persson [ 21 ], it seems appropriate to refer to experiences of sexual harassment as stressors, also in light of the definition of Kahn and Byosiere [ 22 ], who define work stressors as stimuli generated at work that have negative physical or psychological consequences for a significant proportion of individuals exposed to them [ 23 ]. These stimuli may characterize a work environment that can be understood as discretionary, in which the stimuli are transmitted differently from individual to individual, or they may permeate the entire work group and thus be potentially available to all members of the group. According to the authors, this also applies to the phenomenon of SHW, which can act either directly at the individual level on the victim—as a discretionary stimulus—or indirectly at the group level on the members—as an environmental stimulus—which would have similar negative effects. Also, in the study presented by Bowling and Beehr [ 24 ], workplace bullying is clearly negatively associated with victim well-being, supporting the hypothesis that bullying is a workplace stressor that has effects similar to other workplace stressors such as SHW. Takaki, Taniguchi, and Hirokawa [ 25 ] examined the association between SHW and physical consequences, many of which were found to be significant. The authors analyzed data from questionnaires sent to employees (N = 1642) of 35 health care facilities in Japan. The results suggest that stress responses due to SHW could affect health through direct biological effects, prolonged physiological activation, and lack of repair or by affecting lifestyle and health-related behaviors. As suggested by Mathews et al. [ 26 ], exposure to these types of stressors could lead to burnout. In their study, 38% of 129 participants reported experiencing at least one SHW episode in their careers.

1.2. SHW and Perceived Self-Efficacy

Self-efficacy is a construct introduced by Bandura [ 27 ] that represents one of the core mechanisms of personal agency. Self-efficacy is a person’s belief that he or she is capable of organizing and performing the actions necessary to cope with future situations. It is an expression of a person’s self-regulatory abilities and influences the way he or she regulates his or her behavior, thoughts, and affect, as well as the decisions he or she makes and the efforts and persistence he or she undertakes [ 28 , 29 , 30 ]. According to Bandura, people can successfully achieve their goals in difficult situations if they believe they can perform the required actions [ 29 ]. Overall, self-efficacy has been shown to protect against negative psychological factors such as stress and burnout [ 31 ]. In general, higher levels of self-efficacy have been shown to positively impact various workplace outcomes by influencing the way individuals interpret their environment. Self-efficacy has been associated with more effective coping with workplace stressors, leading to greater job satisfaction and lower intention to quit [ 32 ]. According to Bandura [ 29 ], individuals with high self-efficacy are more able to cope with workplace stressors and therefore less likely to avoid frustrating situations by quitting. Self-efficacy appears to have five main effects on behavior. It influences the choices an individual makes based on belief in success or failure; it mobilizes the individual to try harder to succeed; it provides perseverance in the face of obstacles and negative outcomes; it facilitates thought patterns that tell the individual he or she can accomplish the task; and it reduces stress and depression associated with fear of future failure [ 33 ]. Self-efficacy appears to play a central role in SHW; research has found that witnesses with high levels of self-efficacy were more likely to actively help or defend their peers, whereas witnesses with lower levels of self-efficacy were more likely to be passive [ 34 , 35 ]. In the study by Hellemans et al. [ 36 ], witnesses with low self-efficacy had a greater fear of intervening. This finding is important because it shows the influence of a witness’s personal resources on his or her (non)intervention in the context of SHW.

1.3. Current Study

In Italy, the National Institute of Statistics [ 37 ] estimates that 8,816,000 women (43.6% of the population) between the ages of 14 and 65 have been sexually harassed in some way during their lifetime, and that 3,118,000 women (15.4%) have been victims of sexual harassment in the last three years. Looking only at the types of sexual harassment also found in the 2008–2009 survey, the estimate of women sexually harassed in the three years prior to the survey increased from 3,778,000 (18.7%) in 2008–2009 to 2,578,000 (12.8%) in 2015–2016. For the first time, sexual harassment was also found among men; an estimated 3,754,000 men were harassed in their lifetime (18.8%), 1,274,000 in the last three years (6.4%). The severity of the harassment suffered varies greatly by gender, with 76.4% of women considering it very or fairly bad, compared to 47.2% of men. In addition, an estimated 1,404,000 (8.9%) women were victims of SHW; 425,000 (2.7%) in the last three years. The vast majority of victims (69.6%) consider the incident to be very or fairly serious. However, in 80.9% of cases, victims did not talk about it with anyone at work. Failure to report victimization experiences to colleagues and supervisors is due to the fear of being perceived as incompetent, inefficient, or inadequately prepared to deal with behaviors that may be considered part of the work environment [ 38 ].

In this context, it is important to note that, in 2021, the European Institute for Gender Equality (EIGE), an autonomous agency at the European level, published a gender equality index for the 28 countries of the European Union, based on six areas (work, money, knowledge, time, power, and health). The report shows that Italy has improved significantly in terms of gender equality, but is still below the European average [ 39 ]. Apart from this consideration, and despite the numerous advances made in Italy over the years in the study of the phenomenon of sexual harassment, to our knowledge, research has mainly focused on the victims, the perpetrators, and their relationships (e.g., [ 40 , 41 , 42 ]), and not on the consequences that the experience of sexual harassment can cause in the witnesses. The present study aims to fill this gap in the Italian scientific landscape. The aim of this study was to analyze the consequences of SHW episodes in self-defined witnesses and the perceived self-efficacy that could influence the intention to intervene [ 34 , 35 , 36 ]. To better understand the experience of being a witness and the role of gender, a comparison was made between male and female witnesses and non-witnesses.

The literature suggests that the consequences are the result of a specific stressor. Therefore, perceived mental health, life satisfaction, and burnout were analyzed, as has been done in other studies around the world with primary victims of SHW (e.g., [ 43 , 44 , 45 ]). In addition, to assess attitudes toward the intervention, self-efficacy was assessed in terms of the ability to express negative and positive feelings related to SHW episodes. In this context, behaviors characteristic of the experience of SHW were assessed to measure consequences and attitudes toward the intervention.

The overall goal of the study was to examine how the experience of SHW, in conjunction with variables such as gender, age, and coping strategies, affects witnesses’ mental health. To better describe the phenomenon, the following hypotheses were also formulated based on the literature review described below, such as gender differences.

• (1) Women who witnessed SHW were more likely to suffer the emotional and psychological consequences of the experience than men and female non-witnesses.
• (2) Women who witnessed SHW had more difficulty managing their stress than men and female non-witnesses.
• (3) Women who witnessed SHW were more inclined to express negative emotions and less inclined to express positive emotions than men and female non-witnesses.

2. Materials and Methods

Participants were asked to anonymously complete a self-administered questionnaire. The first part described the purpose of the questionnaire and included instructions for answering it (including the contact details of the authors of this paper for any doubts or problems), as well as the informed consent form and the declaration of anonymity and privacy. In addition, following the study of Fitzgerald et al. [ 46 ], the following description of SHW was given, “Sexual harassment was defined as any unwelcome sexual conduct or other form of discrimination based on sex that violates the dignity of men and women in the learning and working environment, including physical, verbal, or nonverbal conduct. Examples of sexual harassment include (a) implicit or explicit solicitation of offensive or unwanted sexual services; (b) display of pornographic material in the workplace, including in electronic form; (c) use of sexist criteria in any type of interpersonal relationship; (d) implicit or explicit promises of facilities and privileges or professional advancement in return for sexual services; (e) threats or retaliation for refusing sexual services; (f) unwanted and inappropriate physical contact; (g) verbal comments about the body or comments about sexuality or sexual orientation that are perceived as offensive”. The second part of the questionnaire included a request to indicate whether participants had ever witnessed SHW (response = yes/no). The third part of the questionnaire included scales on emotional and psychological consequences, perception of the phenomenon, and coping with the suffering. The last part of the questionnaire included sociodemographic data (e.g., gender, age).

To assess the experiences of witnesses of SHW, the Sexual Experience Questionnaire was used (SEQ, [ 3 ]). SEQ is the most widely used and validated measure of sexual harassment [ 47 , 48 ] and asks participants to indicate, on a scale of 1 (never) to 5 (often), how often they have been the target of sexually harassing behavior within the past year. Examples used in this survey include “During the past 12 months, have you been in a situation where any of your supervisors or coworkers … Made sexist remarks to you”. Higher scores indicate more SH victimization. For the purposes of this study, the third-person questions were reformulated in third person: “During the past 12 months, have you been in a situation where any of your supervisors or co-workers … Made sexist remarks to your colleague or other employee or client…”. This scale was only considered for participants who answered “yes” to the question of whether they witnessed SHW. In this study, items from SEQ were aggregated (see [ 23 , 48 ]) (Cronbach’s alpha = 0.94).

The Oldenburg Burnout Inventory (OLBI; [ 49 ]) is an instrument for assessing burnout and work engagement. It contains both positively (e.g., “I find my work a positive challenge” or “After work, I have enough energy for my leisure activities”) and negatively (e.g., “During my work, I often feel emotionally drained” or “Over time, one can become disconnected from this type of work”) worded items. This allows the two main dimensions of burnout to be measured; exhaustion, as the result of excessive physical, emotional, and cognitive effort associated with the long-term consequences of the particular demands of a given job, and disengagement (from work, understood as turning away from it in general, from the object of the work, and from its content). These aspects concern the relationship between workers and their work, especially identification with the job and willingness to stay in the same job. The instrument consists of 16 items with a Likert scale ranging from “strongly disagree” to “strongly agree.” (Cronbach’s alpha = 0.85).

The General Health Questionnaire, 12-item version (GHQ-12; [ 50 ]; Italian version by Picardi et al. [ 51 ]), as described by Shevlin and Adamson [ 52 ], belongs to a family of questionnaires for respondents’ self-assessment of psychiatric disorders in community and clinical contexts, as well as for the assessment of disorders of normal functioning and the presence of stress symptoms. The original version consists of 60 items, whereas the version presented in the present study is a follow-up version consisting of exactly 12 items. The items are asked in the form of questions (e.g., “In the past two weeks, have you felt able to concentrate on what you are doing?”) and include a response scale with three response options (from as usual to much less than usual) (Cronbach alpha = 0.81).

The Satisfaction with Life Scale (SWLS; [ 53 ]) was used to assess satisfaction with one’s life in general in relation to a general cognitive process. The instrument consists of five statements about specific general aspects of life (e.g., “The conditions of my life are excellent”), which were rated on a Likert scale from 1 = strongly disagree to 7 = strongly agree. (Cronbach’s alpha = 0.87).

The Regulatory Emotional Self-Efficacy Scale (RESE; [ 54 ]) is an instrument designed to assess perceived self-efficacy in coping with negative affect and expressing positive affect. The theoretical basis of this instrument lies in the concept that self-efficacy beliefs are dynamic rather than static factors that can be enhanced by coping experiences as a result of the individual’s ability to self-reflect and learn from experiences [ 29 ]. In terms of self-efficacy in dealing with positive and negative emotions, the authors refer to the belief that one is able to cope with stress and emotional states (e.g., joy, anger) when they are triggered in response to adverse events. This self-assessment scale includes 12 items (e.g., “Express joy when something good things happen to you?” or “Avoid getting upset when others give you a hard time?”), which are assessed in two subscales: POS (4 items) and NEG (8 items). The NEG subscale also consists of the anger–irritation (ANG 4, items) and dejection–stress (DES, 4 items) subscales (Cronbach alpha = 0.86).

For the scales for which no Italian version was available, they were translated from British English and then back-translated [ 55 ]. The translation was done by the authors and two research assistants to agree on a final version.

2.1. Procedure

The research project was approved by the Ethics Committee of the University of Turin (Prot. N. 456048/2018). The organizations were contacted with a request for a questionnaire about SHW. The criterion for inclusion was that they were public and private labor organizations in Northern Italy. The exclusion criterion was whether they were voluntary associations or non-profit foundations. A letter of invitation was sent to the heads of the organizations with which we were in contact based on previous work. We asked them to provide us names of people they had already been in contact with. A month after the contacts began, we sent out about thirty letters of invitation. Seven organizations responded positively to the invitation. The other organizations declined or did not respond for various reasons (e.g., lack of time for the project or organizational changes). The organizations that expressed interest received a detailed explanation of the research project. Along with the questionnaires, several ballot boxes were delivered to all sites where employees could have kept their completed questionnaires—given the heterogeneous distribution of employees, the ballot boxes were placed primarily at the organizations’ headquarters, two for each floor and a single ballot box for the other sites. The employees were informed about the research topic, the modalities of voluntary and anonymous participation, and the corresponding deadlines for placing the questionnaires in the corresponding ballot boxes. All participants were informed that their participation was voluntary, that they could leave the interview at any time, and that their responses would remain anonymous. In addition, participants were informed that they could avoid answering if the question worried them, and that if they had negative feelings, they could contact free services offering psychological support. The study was conducted in accordance with Italian privacy regulations. Two weeks were initially allocated for the completion of the questionnaires, which were then extended by a further ten days until the final collection of the questionnaires (information about the schedule and the research topic was also clearly highlighted on the ballots themselves to avoid any ambiguity).

2.2. Participants

The questionnaire was distributed in seven different organizations, five of which were private (four companies involved in the production and/or management of goods and services for users and one from the social care sector) and two public (one from the administrative sector and the second from the public health sector). It should be noted that some of the participating organizations were easily identified by the participants of the research due to the number of employees and the type of activity. Therefore, to ensure the anonymity of the participants and the participating organizations, the activities of the organizations were categorized as public/private without providing further information. The estimated total number of potential participants in the study is approximately 1500 individuals, of which 733 employees completed the questionnaires and 724 were considered valid (nine participants did not answer the gender question).

The majority of participants worked in a company with more than 200 employees (37.4%), 21.7% had between 16 and 50 employees, 20.2% between 1 and 15, 12.6% between 51 and 100, and 6.4% in a company with 101 to 200 employees. The majority of participants were employed in a private organization (58.2%), with the remainder employed in a public organization. Overall, 58.4% of the sample were women, 59.1% were single, 36.3% were married, and 4.3% were separated/divorced. Two participants were widowed. Participants were on average 38.75 years old (range 19–65, SD = 13.13). They had work experience ranging from a few months to 44 years (M = 17.41, SD = 12.83), 58.1% had a permanent employment contract, and 44.7% had a college degree.

2.3. Statistical Analysis

The data were processed with SPSS version 28 (IBM Corp., Armonk, NY, USA). To assess the significance of differences between witnesses and non-witnesses, χ 2 tests were used. The Cramer’s V value was calculated to estimate the effect size. As a post hoc test, standardized Pearson residuals (SPRs) were calculated for each cell to determine which cell differences contributed to the results of the χ 2 test. SPRs whose absolute values were greater than 1.96 indicated that the number of cases in that cell was significantly greater than expected (in terms of over-representation) if the null hypothesis was true, with a significance level of 0.05 [ 56 ]. The data were also analyzed using t-test to examine the experience of SHW in witnesses. ANOVA to measure differences between women and men witnesses and non-witnesses. Eta squared was calculated to estimate the effect size. Differences were considered statistically significant when p < 0.05. Finally, a multiple regression analysis was used to understand whether perceived mental health can be predicted based on gender, age, SHW, and self-efficacy.

A total of 321 participants reported being witnesses to SHW (28.2% women and 16.2% men). Among non-witnesses, 30.2% were women and 25.4% were men (see Table 1 ). On average, female witnesses to SHW were 37.17 years old (range 19–65, SD = 13.21), male witnesses were 36.78 years old (range 20–62, SD = 11.70), while women non-witnesses of SHW were 41.42 years old (range 19–65, SD = 13.34) and men non-witnesses were 38.57 years old (range 21–65, SD = 13.22) (F = 6.87, p = 0.002, η2 = 0.092). Regarding years of work experience, female witnesses of SHW had 16.90 years of work experience (range 1–40, SD = 12.63), male witnesses had 17.10 years (range 1–43, SD = 12.39), while female non-witnesses of SHW were 19.14 years old (range 0–41, SD = 12.54) and male non-witnesses were 16.07 years old (range 0–44, SD = 13.50) (F = 1.21, p = 0.170, η2 = 0.089). Regarding SHW experience, women reported more dysfunctional behaviors than men (M = 26.33, SD = 9.47 and M = 24.47, SD = 11.00, respectively; t = 2.27, p = 0.024, Cohen’s d = 0.176).

Characteristic of the participants (N = 724). Values expressed in column percentage.

Note. χ 2 = Chi-square value; p = p value; V = Cramer’s V value; * = Cells with overrepresentation of subjects.

As shown in Table 1 , single men and married/cohabiting woman are the two categories that report significantly fewer SHW experiences. Women working in the public sector and in organizations with 51 to 100 and 101 to 200 employees, respectively, are more likely to witness SHW, while men in the public sector and in organizations with more than 200 employees report more dysfunctional behaviors.

In Table 2 , there is the distribution of response in women and men witnesses and non-witnesses of SHW. Findings indicated that men witnesses were more prone than others to express disengagement, negative feelings such as anger, and dejection–stress. Women witnesses were more prone than others to express positive feelings.

Perceived mental health, life satisfaction, burnout, and self-efficacy; comparison between witnesses and non-witnesses of SHW (one-way ANOVA) (N = 724).

Note. F = Fischer’s value; p = p value; η2 = Eta squared.

Correlation analysis showed that when participants (women and men) witnessed SHW, life satisfaction decreased (r = −0.12, p = 0.029). Finally, multiple regression was performed to predict perceived mental health based on gender, age, SHW, and self-efficacy. Linearity was assessed using partial regression plots and a plot of student residuals against predicted values. Independence of the residuals was assessed with a Durbin–Watson value of 1.922. Homoscedasticity was assessed by visual inspection of a plot of student-specific residuals against the non-standardized predicted values, and there was no evidence of multilinearity assessed by tolerance values greater than 0.1. The normality assumption was met, as determined from a Q–Q plot. The multiple regression model statistically significantly predicted perceived mental health, F(6, 690) = 5.266, p < 0.001, adj. R 2 = 0.13, albeit with a modest effect size. All six variables contributed statistically significantly to prediction, p < 0.05. Regression coefficients and standard errors are found in Table 3 .

Multiple regression results for perceived mental health.

Note. Model = “Enter” method in SPSS statistics; B = unstandardized regression coefficient; CI = confidence interval; LL = lower limit; UL = upper limit; SE B = standard error of the coefficient; β = standardized coefficients; R 2 = coefficient of determination; Δ R 2 = adjusted R 2 . ** p < 0.01. The gender variable is calculated as female vs. male.

4. Discussion

Overall, the results of this study show that perceptions of mental health were significantly predicted by the variables of age, sex, exposure to SHW, and self-efficacy strategies. The effect size was modest because some of the complexity of the phenomenon-which includes psychological, group, organizational, and social aspects was likely not fully accounted for in the modeling. Nonetheless, this is a very important finding because it shows how the phenomenon of SHW affects not only the direct victim but also those who experience it indirectly. This finding is consistent with previous recent studies that, albeit using different methodologies, show that SHW is one of the risk factors at all levels of investigation, from the psychological impact on the individual to the consequences for organizational climate and the welfare parameters of society as a whole [ 57 , 58 , 59 ].

Witnesses to SHW were younger than participants who identified as non-witnesses. While Powell [ 60 ] found that age did not affect how women perceived sexual harassment, Reilly, Lott, and Gallogly [ 61 ] found that younger individuals were more likely to tolerate sexual harassment than older individuals. Ford and Donis [ 62 ] found that younger women were least likely to tolerate sexual harassment, while younger men were most likely to tolerate sexual harassment. The authors found that tolerance of sexual harassment increases with age in women up to age 50, but decreases thereafter. For men, however, they found the opposite age effect, i.e., tolerance of sexual harassment decreased up to age 50, but acceptance increased thereafter. Foulis and McCabe [ 63 ] also found that age did not correlate with Australian workers’ perceptions of sexual harassment. In our study, the results confirmed Padavic and Orcutt’s [ 64 ] study that younger workers take the phenomenon of sexual harassment more seriously than older workers (see also [ 65 ]).

Our results also confirm the Hypothesis 1: women and men who witnessed sexual harassment were more likely to suffer the emotional and psychological consequences of the experience than non-witnesses, confirming the Hypothesis 1 of this study. However, male witnesses suffered more than women by distancing themselves and expressing negative emotions such as anger and dejection–stress. These results did not confirm Hypothesis 2 (which stated that women who witnessed SHW had more difficulty managing their stress than men and female non-witnesses) and are consistent with Richman–Hirsch and Glomb [ 66 ]. Nevertheless, this result is very interesting. Traditionally, studies have focused on female victims of SHW, sociodemographic characteristics, organizational and male-dominance culture, consequences, etc. [ 5 ] Fewer studies have been conducted with men, focusing on analysis of their experiences and consequences as witnesses of SHW. The results of the Fourth European Working Conditions Survey, based on 30,000 face-to-face interviews with workers in 31 European countries, show that 2% of all workers are exposed to sexual harassment at work [ 67 ]. This means that colleagues, supervisors, and others have contributed to the misconduct. According to Hansen, Garde, and Persson [ 21 ], while SH can be understood as a unique discretionary stimulus when experienced directly by a target, it can also manifest as an environmental stimulus that permeates the work context and becomes something that everyone is exposed to in their environment. As mentioned earlier, SHW can lead to a generally stressful work environment that affects employees other than those directly affected by the misconduct [ 23 ]. Raver and Gelfand [ 68 ] also showed that the effects of SHW extend to group-level outcomes by demonstrating the detrimental effects on team conflict and cohesion. In addition, Berdahl, Magley, and Waldo [ 69 ] found that while both genders believe that sexual coercion, unwanted sexual attention, and lewd comments are a form of SHW, men also clearly indicate that punishment for deviating from the masculine gender role (i.e., being harassed as “not masculine enough” [ 70 ]) is sexually harassing [ 38 ]. Studies show that the men most at risk are those who do not appear sufficiently masculine [ 14 ]. Thus, even when men feel anger when they perceive that a member of their own group (and thus potentially themselves) is being harassed, they do not intervene (e.g., [ 6 ]). This non-intervention seems to be related to the need to maintain a sense of identification with the gender group; the cost to self might be perceived as a risk [ 71 ]. Otherwise, the result could be a sense of powerlessness, driven by the need to intervene to protect the members of the group and their identification with the group. Over time, these feelings can cause suffering, with consequences such as psychological discomfort, exhaustion, and burnout [ 72 ].

In addition, women who witnessed SHW expressed more positive emotions than men, which enabled them to manage their anxiety and emotional states when triggered in response to SHW events. Thus, Hypothesis 3, which stated that women who witnessed SHW were more inclined to express negative emotions and less inclined to express positive emotions than men and female non-witnesses, could not be confirmed. This result may be related to the findings of the study by Veletsianos et al. [ 73 ]. The authors found that women use different coping strategies to deal with harassment. One of these is resistance, a term we have used to describe women’s refusal to accept harassment or to remain silent or passive. Resistance is a reactive coping strategy, and strategies in this domain included persistent attempts to talk, persistence in general, asserting one’s voice and authority, turning to the community, and using self-protective measures. As Hashmi et al. [ 74 ] point out, thanks to the #MeToo campaign, SHW problems and their coping strategies are increasingly seen as structural problems and not just individual-level problems. The witnesses in our study may have been exposed to the “New Deal” for SHW, which influenced how they dealt with the phenomenon [ 75 ]. In 2016, prior to the #MeToo momentum, Johnson et al. [ 76 ] surveyed 250 professional women in the US about the prevalence of SHW and the impact on their work; they also interviewed 31 women in the US about their individual experiences. After #MeToo, they conducted a second survey of 263 women in September 2018 and reconnected with some of the previously surveyed women to find out if they had noticed any changes or changed their views. The results show the benefits of #MeToo in reducing sexual harassment over two years; women said the movement helped them realize they were not alone in their experiences.

4.1. Implications and Application Scenarios of the Study

The results of this study demonstrate the importance of intervening in SHW episodes. Women and men who witness suffer from their vicarious experiences, negative mental health, exhaustion, alienation, and negative feelings. Preventive measures and interventions are needed in the organization. Changing the organizational climate and context that fosters SHW is critical to reducing the phenomenon. Establishing clear zero-tolerance policies and procedures is part of changing the normative environment that fosters SHW. Organizations that proactively develop, disseminate, and enforce policies and procedures on violence against women have the lowest incident rates [ 77 ]. In addition, programs that promote witness intervention are important for reducing SHW [ 78 ]. Witnesses can potentially confront and stop harassers, report incidents, and support victims [ 79 , 80 ]. Many victims respond passively because they perceive the risk of reporting the incident to be too high; they may rely on others to act on their behalf [ 81 ]. By communicating norms that address harassment, witnesses could play a role in changing the group, organizational, and cultural context that supports SHW [ 82 ]. Identifying PWD is not enough to motivate intervention; witnesses must take responsibility for their actions [ 79 ]. However, multiple witnesses may lead witnesses to assume that their help is not needed and make them feel less responsible (diffusion of responsibility [ 83 ]). Witnesses may also attribute responsibility for their intervention to the victim’s colleagues or other members of the group [ 84 ]. It might be useful to promote values characteristic of both genders to activate responsibility for intervening. For men, this responsibility could be consistent with masculine roles such as honor and protection [ 85 ]. For women, it might be consistent with self-protection and resistance as individual and collective strategies for coping with an environment that might tolerate SHW. Companies could help witnesses stop workplace misconduct. For example, training could be provided to address lack of confidence in one’s own abilities by focusing on specific behaviors that witnesses can use to effectively intervene. Bowes-Sperry and O’Leary-Kelley [ 79 ] offered a typology of behaviors that might be useful for such training. The typology classifies possible witness actions along two dimensions, immediacy (immediate action vs. subsequent action) and involvement (direct involvement vs. indirect involvement). For example, episodes with high immediacy and involvement require the witness to take an active and recognizable action, such as asking the harasser to stop. In contrast, behaviors with low immediacy and involvement occur when bystanders later support the victim, for example, by privately encouraging the victim to report the incident. Training could take into account the phenomenon of audience inhibition, which is the concern witnesses have about what others will think of them if they act [ 83 ]. Male witnesses, for example, might believe that their intervention (to protect the victim or prevent the perpetrator) will result in a loss of social status if norms of loyalty to members of their own group stand in the way of intervention. Increasing empathy and the importance of personal norms that support intervention may override perceived social norms that contribute to audience inhibition. When an intervention requires that an aggressive member of one’s group be stopped, witnesses may be persuaded to intervene by portraying the actions of aggressors in one’s group as violating group norms and damaging the group’s reputation [ 84 , 85 , 86 , 87 ]. Finally, as suggested by Lee et al. [ 72 ], it is also important to include in a training program the opportunity to break down stereotypes and myths about SHW to increase the likelihood that witnesses will intervene in high-risk situations. Further research could examine the effectiveness of including witness training in SHW prevention programs. Studies could compare the effectiveness of training for witnesses and non-witnesses with SHW. This could contribute to a better understanding of readiness to intervene and what types of programs increase that readiness.

4.2. Limitations of the Study and Future Research Directions

As far as we know, this is the first study conducted in Italy on the phenomenon of SHW in relation to witnesses and non-witnesses. The strength of the project lies in its innovative character, but it is important to consider some limitations that hopefully can be overcome in future studies. First, this was a cross-sectional study. An adequate, but non-random, sample was used for this study. We recognize that the participants in this study may not represent the general population of Italian workers. Willingness to participate in a survey about SHW may be influenced by organizational policies regarding the phenomenon, organizational climate, and previously adopted prevention and intervention strategies. For organizations, the decision to promote or not to promote this survey could imply a particular sensitivity to the phenomenon. A further study could analyze the relationship between the organization’s prevention strategy and the perception of the phenomenon by the organization’s employees. In addition, there could be a bias in participation. Participants might tend to answer a questionnaire in a way that conveys a positive image of themselves or of the organization they belong to (socially desirable responding; [ 88 ]). This could mean that participants did not identify themselves as victims and perpetrators; they could describe the phenomenon as witnesses but with greater involvement. Further research could consider the combined use of questionnaires and interviews to better understand the phenomenon and its meaning in an organizational context. Another limitation is that we included participants from different organizations. Therefore, it was not possible to identify specific patterns or episodes of SHW. It might be useful to examine an episode in a particular context using a different method. For example, the mixed method could be useful to describe SHW from different perspectives [ 89 ]. In addition, we did not consider the possible relationship between the victim and the perpetrator, their gender, and their sexual orientation. Therefore, further research needs to consider factors such as the perceived severity of the experience, the impact of multiple minority statuses and intersectional oppression on SHW [ 20 ], and the organizational values and norms that promote workplace misconduct. Because the nature of the relationship and gender are important predictors of intervention intent [ 90 ], it may be interesting to analyze perceptions of the phenomenon in relation to gender in the victim–offender dyad. Future research could use the vignette method to analyze how gender and the nature of the victim–offender relationship influences the intention to intervene in SHW. Finally, it is important to anchor this study in the specific Italian sociocultural context, which may differ from that of other countries [ 39 ]. Therefore, this study may not be transferable to other sociocultural contexts.

5. Conclusions

In summary, this study has shown that in addressing the serious problem of sexual harassment in the workplace, attention must be focused not only on the direct victims, but also on those who witness it, because they themselves may develop forms of discomfort and because sexual harassment contributes to creating a negative climate for the individual and for the organization itself. Although this is a cross-sectional study without randomization, it clearly shows the need for timely and appropriate intervention in the sociocultural context in which the organization is anchored. In the Italian context, for example, phenomena such as sexism, gender stereotypes, and a tolerance of sexual harassment that is not accepted in other countries still seem to be present [ 39 ]. If nothing is done in this regard, either preventively or to curb the phenomenon, there is a risk that harassment will continue in a self-reinforcing cycle. In terms of change and active transformation, it seems crucial to sensitize the widest possible audience of men and women and to promote knowledge and awareness of the problems of hostile and benevolent sexism, homophobia, patriarchal views, and gender stereotypes that still exist in our society. Therefore, it is important and essential that the principles of gender equality and respect for others are taught in all workplaces through appropriate and timely training, prevention, and monitoring.

Acknowledgments

The authors wish to thank all the participants in this investigation.

Funding Statement

This research received no external funding.

Author Contributions

Conceptualization, D.A.M. and A.V.; formal analysis, D.A.M. and C.C.; writing—original draft preparation, D.A.M.; writing—review and editing, D.A.M., C.C. and A.V.; supervision, D.A.M. and A.V.; project administration, D.A.M. All authors have read and agreed to the published version of the manuscript.

Institutional Review Board Statement

The study was conducted in accordance with the Declaration of Helsinki and approved by the Ethics Committee of the University of Turin (prot. N. 456048/2018).

Informed Consent Statement

Informed consent was obtained from all subjects involved in the study.

Data Availability Statement

Conflicts of interest.

The authors declare no conflict of interest.

Publisher’s Note: MDPI stays neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Home — Essay Samples — Law, Crime & Punishment — Sexual Harassment — Workplace Sexual Harassment: Challenges and Solutions

Workplace Sexual Harassment: Challenges and Solutions

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Introduction, nature and impact of sexual harassment in the workplace, legal frameworks and organizational policies, practical measures to foster a harassment-free work environment.

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Ending Sexual Assault and Harassment in the Workplace

Sexual assault, harassment, and abuse are widespread societal problems that impact Americans across race, gender identity, sexual orientation, income, disability status, and many other factors. Recent research has demonstrated the scope and impact of workplace sexual harassment. This online resource collection includes information about defining workplace sexual harassment, understanding the scope of the size of the problem, and the path to prevention.

What is sexual harassment?

Under Federal law it is unlawful to harass a person (applicant or employee) because of that person’s sex (U.S. Equal Employment Opportunity Commission, n.d.). Sexual harassment is defined by its impact, not its intent. The conduct must be unwelcome to be considered sexual harassment. It can include behavior such as:

• unwelcome sexual advances
• requests for sexual favors,
• verbal or physical harassment of a sexual nature
• inappropriate statements
• lewd gestures
• leering behavior
• sexually explicit jokes, emails, or texts
• offensive objects or images.

Anyone of any age, sex, sexual orientation, or gender identity can be a victim or a harasser. The victim and the harasser can also be of the same sex, sexual orientation, and/or gender identity.

• Thirty eight percent of all women and fourteen percent of men have reported experiencing sexual harassment at work (Kearl, Johns, & Raj, 2019).
• 1 in 7 women and 1 in 17 men have sought a new job assignment, changed jobs, or quit a job because of sexual harassment and assault (Kearl et al., 2019).
• Sixty percent of women say they have experienced unwanted sexual attention, sexual coercion, sexually crude conduct, or sexist comments in the workplace (Feldblum & Lipnic, 2016).
• In some industries, more than 9 in 10 women say they have been sexually harassed (Puente & Kelly, 2018).
• Over 85 percent of people who experience sexual harassment never file a formal legal charge, and approximately 70 percent of employees never even complain internally (Feldblum & Lipnic, 2016).
• Psychological symptoms of posttraumatic stress disorder (PTSD), depression, stress, and anxiety.
• Physical problems such as headaches, sleep problems, gastric problems, weight loss/gain, etc.
• Impact on other employees/witnesses - The damaging effects of harassment do not just impact the employee who is the victim of sexual harassment. Those who observe it can also suffer mental and physical harm and employee morale can decrease.
• Costs for businesses – Businesses can face financial costs associated with harassment complaints in addition to decreased employee productivity, increased employee turnover rate, and reputational harm.

Workplace sexual harassment general information

The resources below provide general information and research about sexual harassment in the workplace.

Sexual Harassment and Assault at Work: Understanding the Costs   (PDF, 12 pages) This briefing paper by the Institute for Women’s Policy Research (IWPR) reviews current literature on sexual harassment and assault and the impact on women’s economic advancement and economic security. Recommendations for preventing sexual harassment are also included.

Out of the Shadows: An Analysis of Sexual Harassment Charges filed by Working Women (PDF, 38 pages) The National Women’s Law Center analyzed sexual harassment charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) by women in the private sector between 2012 and 2016. In 2016, almost 7,000 sexual harassment charges were filed, 82% by women. This report shares the findings from their analysis and recommendations for future research, prevention by employers, and legislative change.

#MeTooWhatNext: Strengthening Workplace Sexual Harassment Protections and Accountability (PDF, 10 pages) This resource from the National Women’s Law Center focuses on policy changes to extend protections to more workers, strengthening employees ability to hold employers and individuals accountable for harassment, redressing the harm to victims, restricting employer imposed secrecy, and requiring sexual harassment prevention strategies.

Know Your Rights At Work: Sexual Harassment : (Webpage) This online guide by Equal Rights Advocates can help those experiencing sexual harassment at work understand their rights and options.

Workplace sexual harassment online toolkits

The following are resources and tools for advocates and employers working to prevent and respond to sexual harassment.

Workplaces Respond to Domestic & Sexual Violence: A National Resource Center: (Webpage) Workplaces Respond provides resources, training, and technical assistance to employers , survivors, co-workers , and advocates to prevent and respond to sexual harassment, abuse, assault, and other forms of violence impacting the workplace. Highlighted resources by Workplaces Respond includes:

• COVID-19 Survivors & the Workplace (Webpage) – list of resources for employers on how to support survivors in the workplace during COVID-19.
• Guide for Advocates (PDF, 5 pages) - Outlines the strategies advocates can implement to help prevent and respond to sexual harassment, abuse, and assault in the workplace.
• Model Workplace Policy (PDF, 10 pages) – A customizable model policy on responding to violence in the workplace that employers can customize.
• The Top 10 Things Employers Can Do Right Now to Address Sexual Harassment in the Workplace (Blog post) – List of action items for employers to address sexual harassment.

Sexual Harassment in the Workplace Toolkit (PDF, 41 pages) This toolkit by Equal Rights Advocates contains information about employees' legal rights, tips on what to do if an employee experiences sexual harassment or is facing retaliation, and provides additional resources for legal information.

#NowWhat: The Sexual Harassment Solutions Toolkit (webpage) This toolkit by New America is the companion piece to their Sexual Harassment: A Severe and Pervasive Problem report that documents the pervasiveness of sexual harassment. The toolkit focuses on promising solutions for preventing sexual harassment.

National Sexual Violence Resource Center (NSVRC) resources

Sexual Violence & the Workplace Information Packet (webpage) This information packet by NSVRC provides resources on the impact of sexual harassment, abuse, and assault on a survivor’s employment, and how to prevent it from happening. Resources are available for advocates and employers. Highlighted resources include:

• Guide for Employers (PDF, 16 pages) The purpose of this guide is to provide employers with information that may help them create a comprehensive violence prevention and response plan in collaboration with community-based rape crisis centers.
• Guide for Advocates (PDF, 16 pages) Using Sexual Violence and the Spectrum of Prevention (Davis, Parks, & Cohen, 2006), this guide provides advocates with information about the connections between sexual harassment, abuse, and assault, and employment and offers possible prevention strategies.

Key Findings from National Prevalence of Sexual Violence by a Workplace-Related Perpetrator (PDF, 8 pages)  This analysis by NSVRC provides an overview of a new analysis on workplace sexual violence.  This overview provides information on specifics types of sexual violence people have experienced and offers a closer look at the people who perpetrate these behaviors.

Ending Sexual Assault and Harassment in the Workplace (PDF, 3 pages) This tip sheet by NSVRC discusses the prevalence of workplace sexual harassment and provides tips for preventing it.

Helping Industries to Classify Reports of Sexual Harassment, Sexual Misconduct, and Sexual Assault (PDF, 53 pages) This report by the Urban Institute and NSVRC developed a system of categorization for reports of sexual harassment, sexual misconduct, and sexual assault received by Uber from users of the ride-sharing and other app-driven services. The report also discusses ways this method can improve similar efforts in other businesses and industries.

Impact of workplace sexual harassment in specific industries

The following are resources that highlight specific industries where survivors may have unique experiences of sexual assault, harassment, and abuse.

Take off you mask so I know how much to tip you.  Service Workers’ Experience of Health & Harassment During COVID-19 (PDF, 30 pages) This report from One Fair Wage presents findings from their survey of workers in the service industry in five states (New York, Massachusetts, New Jersey, Illinois, and Pennsylvania) and Washington D.C.  The report finds more than 80% of workers have seen a decline in tips and over 40% say they have experienced an increase in sexual harassment from customers. Detailed state reports are also available for New York , Massachusetts , and Illinois .

Sexual Harassment in STEM Research: Agencies Have Taken Actions, but Need Complaint Procedures, Overall Plans, and Better Collaboration (PDF, 82 pages).  This report by the Government Accountability Office (GAO) examines how selected federal agencies receive, investigate and resolve Title IX complaints, agency plans to prevent sexual harassment and evaluation of those efforts and finally collaboration efforts.  Seventeen recommendations are also outlined.  

Sexual Harassment: Inconsistent and Incomplete Policies and Information hinder VA’s Efforts to Protect Employees (PDF, 78 pages) This report by the GAO summarizes findings from a review of VA’s efforts to prevent and address sexual harassment.  It examines VA policies to prevent and address sexual harassment and training provided to employers to prevent and address sexual harassment. The report concludes with seven recommendations.    

Technical Report: National Park Service (NPS) Work Environment Survey January –March 2017 (PDF, 222 pages) This report presents the findings from the National Park Service Work Environment Survey that analyzed the workplace harassment experiences of employees and the impact of that harassment.

Still Broken: Sexual Harassment and Misconduct in the Legal Profession: A National Study (PDF, 68 pages) This report provides the findings from a national study conducted by Women Lawyers on Guard on sexual misconduct and harassment experienced by people in the legal profession.

#MeToo in Traditionally Male-Dominated Occupations: Preventing and Addressing Sexual Harassment (PDF, 7 pages) This briefing paper by Chicago Women in Trades and the National Center for Women’s Equality in Apprenticeship and Employment provides an overview of how sexual harassment differs for women in male-dominated workplaces and provides recommendations for public policy and changes employers can make.

Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine (website) The National Academies of Sciences, Engineering, and Medicine’s report on sexual harassment in academia examines the impacts of sexual harassment and identifies and analyzes policies, strategies, and practices that have been successful in preventing and responding to sexual harassment. Additional resources are available including an infographic on Preventing Sexual Harassment in Academia , infographicon The Iceberg of Sexual Harassment , and Interventions for Preventing Sexual Harassment .

Workplace Violence and Harassment of Low-Wage Workers (PDF, 47 pages) This article discusses the challenges and barriers low-wage workers encounter when they face sexual harassment and abuse in the workplace and proposes strategies for legal advocates on how to help survivors.

Tipped Over the Edge: Gender Inequity in the Restaurant Industry (PDF, 40 pages) This report by the Restaurant Opportunities Centers United et al. documents the gender inequality in the restaurant work. It highlights discrimination and violence many workers experience while working. More than one in ten surveyed workers reported they or a co-worker had experienced sexual harassment while working in a restaurant.

The Glass Floor: Sexual Harassment in the Restaurant Industry (PDF, 40 pages) This report by the Restaurant Opportunities Centers United and Forward Together documents the sexual harassment experiences of restaurant workers and reports how sexual harassment is fueled by sub-minimum wage and tipped employment. Finally, the report provides policy recommendations to create safer and more equitable workplaces.

Reality Check: Seventeen Million Reasons Low-Wage Workers Need Strong Protections from Harassment (PDF, 28 pages) This document by the National Women’s Law Center reports on the realities of sexual harassment experiences of low wage workers and provides suggestions for protections against harassment.

The impact of workplace sexual harassment on immigrant workers

The following resources can help prevent and respond to the unique needs of immigrant workers who experience sexual assault, harassment and abuse in the workplace.

Cultivating Fear: The Vulnerability of Immigrant Farmworkers in the US to Sexual Violence and Sexual Harassment (PDF, 95 pages) This report by Human Rights Watch discusses the sexual abuse, harassment, and assault experiences of immigrant farmworkers in the United States. The report suggests that these experiences are common among farmworking women, reporting is limited, and that an advocate’s presence may increase reporting of these crimes.

Rape on the Night Shift (webpage) by Frontline (PBS), Univision, The Center for Investigative Reporting (CIR), the Investigative Reporting Program (IRP) at UC Berkeley, and EQED. This investigative report follows up the story on Rape in the Fields and covers the sexual abuse of immigrant women who work on the night shift cleaning offices, malls and businesses. Watch the full length documentary . Materials are also available in Spanish .

Rape in the Fields (webpage) by Frontline, the Center for Investigative Reporting, Investigative Reporting Program, & Documentales Univision. This special report includes investigative reporting articles and a 53-minute film on the sexual assault, harassment, and abuse against farmworking women. Resources for agricultural workers are available. Some materials are available in Spanish .

Injustice On Our Plates: Immigrant Women in the U.S. Food Industry (PDF, 68 p.) This report by the Southern Poverty Law Center documents interviews of undocumented farmworkers. Female farmworkers are vulnerable to sexual assault, harassment, and abuse. This report discusses the economic challenges, workplace exploitation, sexual harassment, and abuse women experience while working in the fields.

Sexual Harassment in the Informal Economy: Farmworkers and Domestic Workers (PDF 56 pages) This paper by UN Women focuses on sexual harassment experienced by workers in the informal economy with a focus on farmworkers and domestic workers, who are often unrecognized without social or legal protections making them particularly vulnerable.

Sexual Violence Against Farmworkers: A Guidebook for Social Service Providers (PDF 68 p.) This guide by California Rural Legal Assistance, Esperanza, Lideres Campesinas, and Victim Rights Law Center provides information to advocates on how farmworkers are impacted by sexual assault, harassment, and abuse and how to best serve their unique needs. A guidebook for legal providers and criminal justice professionals are also available.

The role and responsibility of employers

Workplace sexual harassment is one of the most widespread and pervasive problems in U.S. society. Employers have a role and a responsibility to keep their employees safe. Employers could be held liable for sexual harassment and assault that happens in the workplace. Sexual harassment, assault, and abuse do not have to occur at work or be perpetrated by a coworker to impact a survivor’s employment (National Sexual Violence Resource Center [NSVRC], 2013). Survivors may miss days of work, experience decreased productivity at work, or be forced to quit their job because of violence they have experienced.

Using research and best practices, we can create healthier workplace cultures where the work environment promotes the safety and well-being of all employees.Below are resources for employers and people working with employers to prevent sexual harassment in the workplace.

The following findings from the Equal Employment Opportunity Commission (EEOC) Select Task Force on the Study of Harassment in the Workplace demonstrate the steps necessary for employers to move toward prevention. The report Key Findings of the Select Task Force on the Study of Harassment in the Workplace (PDF, 20 pages) by the National Sexual Violence Resource Center covers the key findings of the EEOC's study:

• Workplace harassment is still a persistent problem and often goes unreported because victims fear negative reactions such as disbelief, blame, and retaliation.
• It benefits workplaces to prevent and respond to sexual harassment since it is costly. In direct costs, for example, an estimated settlement in 2012 was over $356 million and the largest sexual harassment jury award was $168 million. It is also costly indirectly through employee absenteeism and turnover of both victims of the harassment and bystanders who witness the sexual harassment.
• Change starts at the top. Employers should foster a culture where sexual harassment is not tolerated and respect is promoted. Examples of steps that can be taken include – assessing their workplace, conducting climate surveys, devoting resources to prevention efforts, and holding people accountable who commit sexual harassment.
• Organizations should have a stated comprehensive policy against harassment that outlines what behaviors will not be accepted and the procedure for reporting and responding to harassment as confidentially as possible. A reporting system should include multiple ways to report harassment. Disciplinary action for harassment should be proportionate to the offense as “zero tolerate” one sized-fits all policies tend to backfire.
• Training must change by moving beyond just compliance training to a holistic effort to prevent and respond to harassment. New and different approaches to training should be explored – including workplace respect and civility training and bystander intervention training.

Resources for employers on preventing workplace sexual harassment

STOP SV: A Technical Package to Prevent Sexual Violence : (PDF, 48 p.) This technical package by the Centers for Disease Control and Prevention (CDC) provides strategies on the best available evidence to help communities and states prevent sexual violence and reduce its consequences. See the section “Create Protective Environments” for information on establishing and consistently applying workplace policies.

Workplaces Respond to Domestic and Sexual Violence: A National Resource Center (webpage) by Futures Without Violence . This website provides many resources and interactive tools for employers . Employers can download a workplace toolkit , read a guide for supervisors , learn more about supervising during the pandemic , and download a model workplace policy .

Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies (PDF, 38 pages) This document by the United States Office of Personnel Management provides federal agencies with direction on responding to violence in the workplace.

An Employer, Union & Service Provider’s Guide to Ending Street Harassment (PDF, 25 pages) This guide by Debjani Roy of Hollaback! explains how street harassment impacts the workplace and provides information for employers on what they can do to help. Listen to a podcast with the author.

Encourage, Support Act! Bystander Approaches to Sexual Harassment in the Workplace (PDF, 29 pages) This document by the Australian Human Rights Commission illustrates how the bystander approach can be utilized in a workplace setting to prevent workplace sexual assault, harassment, and abuse.

Sexual Violence & the Workplace: Employer’s Guide to Prevention (PDF, 16 pages) When sexual assault, harassment, or abuse occurs in the workplace, it can create a climate of fear and reduce productivity and wellness of the entire staff. The purpose of this guide by NSVRC is to provide employers with information that may help facilitate their engagement in creating a comprehensive violence prevention and response plan in collaboration with community-based rape crisis centers.

Davis, R., Parks, L. F., & Cohen, L. (2006). Sexual violence and the spectrum of prevention: Towards a community solution. Retrieved from the National Sexual Violence Resource Center: http://www.nsvrc.org/sites/default/files/Publications_NSVRC_Booklets_Sexual-Violence-and-the-Spectrum-of-Prevention_Towards-a-Community-Solution_0.pdf

Feldblum, C. R., & Lipnic, V. A. (2016 ). Select task force on the study of harassment in the workplace: Report of the co-chairs of the EEOC . Retrieved from the Equal Employment Opportunity Commission: https://www.eeoc.gov/eeoc/task_force/harassment/upload/report.pdf

Kearl, H., Johns, N. E., & Raj, A. (2019). Measuring #metoo: A national study on sexual harassment and assault . Available from Stop Street Harassment: http://www.stopstreetharassment.org/wp-content/uploads/2012/08/2019-MeToo-National-Sexual-Harassment-and-Assault-Report.pdf

National Sexual Violence Resource Center. (2013). Sexual violence & the workplace: Overview . Retrieved from https://www.nsvrc.org/sites/default/files/2013-04/publications_nsvrc_overview_sexual-violence-workplace.pdf

Puente, M., & Kelly, C. (2018, February 23). The 94 percent: How common is sexual misconduct in Hollywood? USA Today . Retrieved from https://www.usatoday.com/story/life/people/2018/02/20/how-common-sexual-misconduct-hollywood/1083964001/

U.S. Equal Employment Opportunity Commission. (n.d.). Sexual harassment . Retrieved from https://www.eeoc.gov/laws/types/sexual_harassment.cfm

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Sexual Harassment of women at workplace (Prevention, Prohibition And Redressal) Act, 2013

This article is written by Shubhada Sonwalker and Jacob Michael.

Table of Contents

Introduction 

Traditionally women in India were conditioned to stay at home, take care of the young while the men were considered the breadwinners. With access to education, better facilities, Increased literacy and the industrial revolution. Women all around the world left the boundaries of their homes and started working. Though women had been working always with their families on farms, as house help, even as babysitters from time immemorial. 

All these were considered secondary activities and were seldom recognised. Women worked without any rights and thus were frequently exploited.

The makers of the constitution recognised this problem and provided the right to equality to all. Irrespective of gender, caste, creed or social status. 

India’s Constitution aims at equality under Art.15 and provides for special laws to be made for the depressed classes and women. The status of women even today is not at par with their male counterparts. We certainly require laws which support women to take their rightful place in society. Gender specific laws in India are made to ensure equity between the genders. 

The Sexual Harassment of Women at Workplace Act, 2013 is a welcome addition amongst the class of such laws. It has received both widespread praise and flak in recent times. 

The research paper is aimed at analysing the effect that this law has had on society. 

It aims to seek answers to potent questions of whether the law has helped cement the place of women in society ? Have there been any ill Effects or not? 

In an emerging Indian Economy as more and more women started entering the workplace, the malady of sexual harassment has reared its ugly face into many fields. From police and the army to multinational companies to sports– it is regrettable that no field of human endeavour has been left untouched. There was a pressing need for legislation which could protect the rights of these working women. As has been the case with many laws the first time this was brought under the public eye was by judicial activism. 

Judicial Activism  

In the context of sexual harassment, judicial activism reached its pinnacle in Vishakha v. State of Rajasthan (Vishakha). The judgement was unprecedented for several reasons: the Supreme Court acknowledged and relied to a great extent on international treaties that had not been transformed into municipal law; the Supreme Court provided the first authoritative definition of ‘sexual harassment’ in India; and confronted with a statutory vacuum, it went creative and proposed the route of Judicial Legislation. 

Gang rape of Bhanwari Devi  

The incident that lead to a public interest litigation being (PIL) filed in respect of the Vishakha case was the gang rape of a social worker in Rajasthan. Bhanwari Devi was a satin, a  grass-roots worker and activist, employed in the Women’s Development Project (WPD) of the government of Rajasthan. In 1992, the Rajasthan government launched a campaign against child marriages, in connection with which the WPD members persuaded villagers to abandon the practice, which is still rampant in Rajasthan. Bhanwari Devi made all possible efforts to prevent the marriage of a one year old girl, but in vain. What ensued for her was worse than a nightmare. There was a complete breakdown of institutional machinery in Rajasthan. The villagers harassed, threatened and socially boycotted Bhanwari Devi.

Then in September 1992, five villagers raped her in the presence of her husband. She sought justice, but faced innumerable hurdles from police authorities. The trial court even went ahead and acquitted the five accused.

This made five NGOs under the name ‘Vishakha’ to file PIL in the Supreme Court seeking detailed directions on how sexual harassment of women at workplace could be prevented using judicial activism.

Reference to international treaties while making the Vishakha Guidelines 

The Vishakha Guidelines served a great purpose as it immediately filled the void of lack of legislations in respect of Sexual Harassment of Women at Workplace. Till 2013 they were the only set of guidelines applicable across India that were specific to this issue. 

Due to them being passed by the Supreme Court and it acting as a court of record it was de facto applicable in the lower courts as well. But, to frame it was a task the three judge bench consisting of J.S Verma (then CJI), Sujata Manohar and B.N Kripal took cognisance of all the international treaties existing at that point. The Constitution of India does not have a precise stand on the value of international treaties that have been signed or ratified by the government, but not implemented via legislation. In ‘Vishakha, the court moved towards a more purposeful understanding of fundamental rights in tune with most of its recent interpretations by affirming that ‘any International Convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions [The fundamental Rights] to promote the constitutional guarantee’.

Since there was no law relating to Sexual harassment at workplace, the court stated that it was free to rely on the Convention of Elimination of All Forms of Discrimination against Women (CEDAW– signed by India in 1980) in interpreting article-14,19 and 21 of the constitution. To justify the sources the court referred to several sources including the Beijing Statement of Principles of the Independence of Judiciary. A decision of the High Court of Australia and its own earlier decisions. Vishakha was also possibly the first instance in India where International Covenants had been applied to municipal and district level courts directly. Since Vishakha, The Supreme Court has started heavily relying on international Multilateral treaties, particularly those forming part of the Universal Declaration OF Human Rights (1948) and others forming part of International Bill of Rights due to legislative lethargy in spheres of public importance. Often filling legislative voids by exercise of Art 141. 

The Guidelines  

The Supreme Court issued a series of ‘guidelines’ (based on CEDAW) to protect women from sexual harassment at the workplace. These guidelines were to strictly observed in all workplaces (whether in the private or private sector) and would be binding and enforceable in law until suitable laws were made. 

The Supreme Court set out the following significant guidelines:

• The employer and / or other responsible people in a workplace are duty-bound to prevent or deter sexual harassment and set up processes to resolve, settle or prosecute in such cases.
• For the first time in India “sexual harassment was defined authoritatively”. The Supreme Court stated that it includes such unwelcome behaviour (whether directly or by implication) such as:physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other physical, verbal or non- verbal conduct of sexual nature. 
• All employers or persons in charge of workplaces must strive to prevent sexual harassment and if any act amount to a specific offence under the Indian Penal Code 1860 or any other law, they must take appropriate action to punish the guilty.
• Even if the act is not considered a legal offence or a breach of service rules, the employer should create appropriate mechanisms so that the complaint is addressed and redressed in a time bound manner.
• This complaint mechanism must, if necessary, provide a complaints committee, a special counsellor or other support service, such as assured confidentiality. The complaints committee should be headed by a woman, at least half of the members should be women. Also, to pre-empt any undue influence from senior levels, the complaints committee must involve a third party (such as a NGO) familiar with the challenges of Sexual Harassment.
• The employer must sensitise female employees to their rights and prominently notify the court’s guidelines.
• Even if a third party is responsible for sexual harassment, the employer must take all steps necessary to support the victim.
• The Central and State Governments should adopt suitable measures to ensure private sector employees implement these guidelines. 

Comparison with the Act 

Most of the guidelines have been adopted verbatim in the Prevention of Harassment of Women in workplace Act 2013. There have been no significant changes except for the clause of out of court settlement, but in this also there is no settlement in return of Money. This seems applicable on paper but its implementation is a big question. 

Also, In the Act, the woman has been allowed to take a leave from office for a period of 3 months from the date of the complaint being filed. While the Man has been asked to respond within the given timeframe while working in the office. The lady (presumably the victim) is allowed additional leave as and when she demands on top of the leaves that she was entitled to as the employee of the company that she is employed with. 

Developments After Vishakha 

A huge amount of cases have cropped up across high courts (and occasionally supreme court) with reference to the Vishakha Guidelines, these seek the establishment of complaints committees, dispute the constitution of complaints committees have already been in place, or challenge orders of dismissal based on the decisions of these committees. 

Apparel Export Promotion Council v A.K Chopra was the first case in 1999 where the supreme court found an opportunity to follow its judgement in Vishakha. The council Chairman was accused of sexually harassing the secretary; though he made repeated attempts. the chairman never actually molested her. On her complaint the employer was fired. On the basis of a writ petition filed by the employer the Delhi High Court took cognisance of the fact that he never actually molested her and did not make any actual physical contact. Thus concluding that he did not actually molest her. In an appeal filed by the council, the Supreme Court reversed the Delhi High Court Judgement, recognising that physical contact was not a prerequisite of Sexual Harassment, given the broad definition under Vishakha. It asserted that sexual harassment compromised the dignity of women and cannot be condoned. It asserted that sexual harassment compromised the dignity of women and cannot be condoned. In addition to the international sources referred in Vishakha, the court also cited the International Covenants on Economics, Social and Cultural Rights and the International Labour Organization’s seminar on combating sexual harassment at work.

The Supreme Court’s refreshingly progressive approach in Chopra marked a transition in the usual stance of Indian Courts. The apex court acknowledged that harassment transcends physical barriers and the effects of mental harassment can be equally damaging. And yet the court’s deep seated insensitivity to women’s issues does come up occasionally.

In DS Grewal v. Vimmi Joshi a colonel of the Indian Army made advances at and wrote inappropriate letters to the principal at an army school. The principal was apprehensive that if she objected to his conduct, he would create a hostile working environment and hinder her employment, including her promotion. Her fears did come true as her services were terminated. The Supreme Court ordered the school management to constitute a three- member complaints committee (as mandated by Vishakha Guidelines) to ascertain if there were any prima facie case against the army officer. If the committee found such a case, it would submit its reports to the army, which would then initiate disciplinary proceedings.

The court also affirmed that the school management was bound to bear the legal costs incurred by the principal (with counsel fee assessed at 50,000) for it had not complied with Vishakha Guidelines to begin with. In the absence of laws relating to sexual harassment Vishakha Guidelines were the only reliable source of action. It acted as a deterrent and ensured strict compliance was done with respect to its provisions. The mere idea of being prosecuted in such a grave issue invited much public ridicule. 

Courts emphasised on the strict compliance on the Vishakha Guidelines and have not viewed alternative mechanisms kindly. In a case where a public company appointed an advocate as an inquiry officer to investigate a complaint of sexual harassment, The Bombay High Court refused to accept the efficacy of the procedures followed and held that the complaints mechanism employed in Vishakha was mandatory.

The Vishakha Guidelines had been applied to almost all forms of formal employment even NGOs and Cooperative societies. As Kerala HC observed the ‘the quality of womanhood does not change by the place she works in be it public or private’.

In yet another shift of stance, The Madras HC held that even in the cases where the allegations of sexual harassment seemed baseless and seemed like an after thought, proper course would be to first refer the issue to the complaints committee. 

Vishakha was indeed the first legislation which defined harassment inclusively and covered all the behaviours which denied a person employment– related benefits due to rejection of sexual Demands (quid pro quo harassment) or creates a hostile work environment (without directly impacting on economic and other benefits).

Double Edged Sword: Instances of Use of the law as a means of Vengeance

Any measure which aims to protect the disadvantaged sections of the society or minorities is likely to be abused, and Vishakha is no different. In the case of Usha C.S v. Madras Refineries, The Madras High Court heard a complaint of sexual harassment made by the employee of Madras Refineries Ltd, a public sector undertaking. The employee alleged that she was denied her study leave with pay, salary and promotion because she rejected the advances of the general manager of her department. After examining the facts the court held that the employees allegations regarding her promotion and study–leave were baseless, as both decisions appeared to have been taken in accordance with the company policy. Further, the complaint committee had been properly constituted, but the employee had persistently delayed the inquiry, therefore, her allegations of sexual harassment were merely a weapon to bargain for a promotion and study leave and pay, contrary to company policy. Highlighting and condemning the misuse of the Supreme Court’s judgement in Vishakha, the court held:

“The employer, who is supposed to keep a vigilant eye on the victim and the delinquent, is not expected to allow the woman to use it as a shield so presented by the apex court as a means to seek vengeance. It is true that we are bound by the decisions of the apex court, but that does not mean that they can be allowed to interpret to suit the convenience of the woman like the petitioner, for personal gain.”

The court thereafter described Vishakha as a ‘double- edged weapon’. In keeping with other decisions on the subject, it affirmed that the court cannot assume that the court cannot assume that an allegation of harassment is correct unless it is first referred to a complaints committee. 

The bench urged the other courts to bear in mind the facts of each case individually, without assuming that the woman is a victim in each case. In fact in this particular case the appellant had a history of unwarranted leaves and absences. Such cases bring light to the anomaly of use of positive laws for harm to a person. Though a lot many researchers are of the view that since the false cases are only 4% or 5% of the whole of the cases filed according to NCRB data That these cases should be ignored and a bigger picture should be looked at. These laws indeed help the woman assert her position in society. 

But similar to Domestic Violence Cases and Dowry Harassment Laws there are a huge number of people who are threatened with false prosecution. Just like women find it difficult to accept and tell the people if she has experienced sexual assault. It is equally tough for a Man who has been falsely implicated to prove his innocence. 

As seen in the famous Rohtak Bravehearts Case, the media was quick to pounce on the story of two women mercilessly beating up their Molesters in a Haryana Intercity Bus, these Men were branded as Demons and were called all sorts of Names. They tried to assert their innocence but to no avail. They were portrayed as villains in the story. While the girls were catapulted to the status of Heroines even before the case went on trial. 

They (the Girls) were to be awarded by the Haryana Government for their bravery.

The case took two years to provide a conclusive judgement, the judgement shook everyone to the core in the judgement it was found that there was no harassment done by the three accused. All the evidence and witnesses said that the men had not given any inappropriate gestures or implications. After a thorough background check it was found that the family of the supposed victims (Aarti and Pooja) had the habit of borrowing money and then coercing the lenders to forgo the loans by threatening to file false complaints of Rape, Kidnapping and Molestation. 

While the matter was under trial the Boys (Kuldeep, Narayan, Mohit) had lost their chance to sit for the armed forces written exam as they were accused of such a controversial case. 

Two of them were forced to quit their education. Once the judgement came out all the boys demanded the court was to regain their respect.

Landmark Judgement

The Delhi High Court took cognisance of the false case of Sexual Harassment filed by women in one of its landmark judgements Anita Suresh v. Union of India in which Justice Midha granted exemplary damages to the respondent in the lieu of false Sexual harassment being filed against them. The court ordered the appellant Ms. Anita Suresh to pay 50,000 rupees to the respondents and the bar association of Delhi. 

This helped point out that being falsely implicated of such heinous crimes has a huge impact on the life of the accused as he may be innocent, but people start to consider him guilty beyond doubt. 

Changes in the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act, 2013

The Act recognises the possibility of false prosecution and says that all the punishments which would have been applicable on the perpetrator had the accusation be proved would be conversely applicable on the plaintiff if she files a false case. 

The act is revolutionary in every sense but it has come under scrutiny because its narrow scope, exploitation of men though not a common practice in India. Is also not unheard of. 

But, One thing that the act definitely did was improve the status of the labour class or the housemaids whose rights were tough to protect even in the Vishakha guidelines, have been given proper redressal mechanisms so that their rights are also protected. 

Provisions of the Act

It had come to the attention of different courts in India that the guidelines that have been set by the supreme court of India were not practiced in many workplaces in the country. It took 16 years after the passing of the landmark case of the Vishaka and others v. State of Rajasthan and the judgement where the supreme court had set up guidelines for sexual harassment in the workplace a proper legislation was enacted, this was the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [5] . This act has filled in the void of proper legislation that delivers each and every woman of India, regardless of age or status of employment, a workplace that is safe and secure from any kind of harassment. The above-mentioned Act’s objective is to not only protect but also to prevent any kind of sexual harassment that occur in workplace and also it ensures a speedy remedy for any complaints that are filed under the act. In 2013, there have been an amendment to the criminal law act where amendment had criminalized stalking, sexual harassment, etc.

One of the most important features of the act is the setting up of committees for any redressal of grievances, this has to be done both for the organized and unorganized sector. The said committees are as follows:

•   Internal complaints committee: any organization that employs more than 10 employees must have an Internal complaints committee also called as ICC in each office or branch.
•   Local complaints committee:  There should be a Local complaints committee also called the LCC to be set up by the government of India in the district level for the unorganized sector and also for the institutions having less than 10 employees. 

The ICC and the LCC under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 gives them the power equal to a Civil court, they have the power to call and inspect any accused under oath, to produce the necessary documents related to the complaint, and any necessary matter that is needed for the speedy conclusion of the case.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 states that any women that have been sexually harassed in their workplace who proposes to complaint shall do so by providing 6 written complaints of the incident that have taken place. This complaint shall include the names, witnesses and most importantly the evidence of the said incident [6] . The complaint can be filed within 3 months of the said harassment happening. This time can be increased by the committees by another 3 months. Sexual harassment being a mentally tormenting criminal activity takes a huge toll on its victims, therefore they might not be in a position to go forward with the complaints. The Act has stated that any relative, psychologist, friends, co-workers have the power to file the complaint for the victim.

The complaints have the right to ask for interim measures to the ICC and LCC which have been provided powers to do so by the Act. The ICC and LCC can transfer the duties of respondent’s duty towards the victim to other employees, transfer of the victim to another branch or workplace and they can be granted a leave for up to 3 months.  The act also in detail states about the compensations and punishments that will be levied on the individual engaging in sexual harassment in the workplace. The act states the following:

• The employer can punish according to the rules that have been made in the organisation.
• If such rules have not been formed the punishment can range from counselling, community service, termination of service or promotion.
• The compensation payable to the victim shall be deducted from the salary of the individual engaging in sexual harassment. The mental and physical suffering borne by the victim, loss of employment, medical costs, determines the compensation payable.
• If any organisation does not setup any ICC for redressal of sexual harassment complaints shall be fined 50000.

One of the most important case regarding sexual harassment is the Vishaka & Ors. v. State of Rajasthan, in this particular case Bhawari Devi was a social worker under the government. She had been raped by 5 individuals, and due to insufficient evidence, the court had acquitted the case. This case had gained a huge public favour, therefore many NGOs and activists who supported Bhawari Devi to attain the justice she deserves. Therefore, a public interest litigation had been filed. Since there were no laws in place the supreme court of India had introduced certain guidelines and named it Vishaka guidelines.

These were for the employers to prevent any sexual harassment in the work place. After the implementation of the Vishaka guidelines the first case that made its way to the court regarding sexual harassment in workplace is Apparel Export Promotion Council v. A.K Chopra [7]  , in this case an officer superior in the establishment had sexually harassed a woman who was his subordinate, there was no contact physically. The court had implemented the Vishaka guidelines and held him guilty. The court had stated in the judgement that physical contact is not a necessity for sexual harassment. One of the most important cases in which the high court had implemented the Vishaka guidelines was Saudi Arabian Airlines, Mumbai v. Shehnaz Mudbhalkal [8] , in this case Shehnaz Mudbhalkal was an employee of Arabian Airlines. Abdul E. Bahrani was a manager who had sexually harassed Shehnaz Mudbhalkal by requesting sexual demands and had threatened her if she didn’t comply or provide these demands, he would fire her. She had filed a case and the high court had held that Shehnaz Mudbhalkal should be reinstated with full wages and also full back ages.

A few years back there had been an important social media movement regarding sexual harassment named as the “#ME TOO” movement. Women who had been harassed in their lifetime had come out with the stories they had been through in social media; this had spread across the world. Few of the most important cases under this was in the year 2018 where a woman had alleged, she had been sexually assaulted by a minister and in the same year the minister of external affairs had also been accused by more than 20 women [9] . Women are afraid of coming out with their complaints because they fear the consequences following afterwards. In the ME-TOO movement there had been a lot of defamation cases being filed against women who speak the truth, this was one of the reasons women don’t express what had happened to them.

The implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has been a good initiative but it still is not free from any loop holes and issues in the laws they are stated as follows: if a male employee ever goes through sexual harassment, he will not be able to claim relief under this particular legislation. The law talks about formation of the ICC for redressal of complaints, but the legislation is very vague in respect of the ICC regarding its constitution, the setting up of an ICC in every branch and office is a very expensive affair. The ICC includes only personnel from the company itself, there needs to be an individual who is not related to the company at all in the committee, this individual should be knowledgeable in terms of law or women’s rights, such an appointment makes the decision a favourable one.

The Act has given the responsibility to address the issues regarding sexual harassment but there is a possibility that the witnesses in the company will not agree to give their testimony fearing their reputation or safety. The act specifies that in case the complaint that had been filed by an individual is malicious in nature the employer has the power to take the necessary steps against that individual, this would discourage women to come forth and give complaints fearing that the decision will come against them. The act also exclaims that if any individual has been found guilty of the complaint that had been filed then the employer can pay the compensation to the complainant from the guilty individual’s salary, such an act can go against payment of wages act 1936. [10] The United States of America has no laws regarding the subject puts a percentage of liability on the employer too, but in India the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not do so.

Colin Kaepernick Effect

The false cases filed in the Act have been much publicised and have ruined the image of women in many workplaces. Also, with the onslaught of the METOO movement, each and every action is under scrutiny. According to many critics the normal balance of the workplace has been disrupted. One dire effect which this act might have is the non-hiring of capable and qualified women. 

As it is women’s participation across industries in negligible amounting to only 4% according to NCW data, women may find it difficult to get hired. As an employer may find it easier to hire a man with less expertise but also less complications. As in the case of a woman facing sexual harassment the employer has to bear the cost of the litigation as well as grant her leave up to three months in addition to the normal leave she was entitled to. All this adds to the cost.

We have certainly come a long way from having no mechanism for redressal available to a woman to a very potent and robust mechanism available for redressal. In depth view in the topic makes us realise that any law cannot be unidimensional. And a law as revolutionary as s exual Harassment of Women in Workplace has had huge social implications. What I feel is that this law is certainly a step in the right direction. What it requires is public awareness, sensitivity and robust implementation. I think when any incident happens people should not become judgemental against the woman or the man. The due process should be followed.

There should also be a Men’s Commission in place so that even men have the right to address their grievances in a systematic manner.

As the job of the Act is to bring equality not to suppress any gender. 

Bibliography

• 10 Judgements that changed India
•  Constitution Of India 
• Avani Mehra Sood, PART 2 EQUALITY SOCIAL INCLUSION AND WOMENS RIGHTS: REDRESSING WOMENS RIGHTS VIOLATIONS THROUGH JUDICIARY. Jindal Global Law Review (vol.1)(2009)

Webliography

• SCC ONLINE 
• NCRB YEARLY REPORT 2016
• International Labor Organization Tripartite Regional Seminar on Combating Sexual harassment at work, Manila, November 1993 
• Rohtak Bravehearts the continuing story, Documentary by Deepika Narayan Bharadwaj 
• You tube/Rohtakbravehearts  
• Vox.com/ Colin Capernick / Nike

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Strengthening workplace protections: upcoming changes in sexual harassment legislation

ARTICLE 13 August 2024

The #MeToo movement prompted a societal shift in the approach to issues of sexual harassment in the modern workplace. In particular, it highlighted several shortcomings in the protection afforded to workers against sexual harassment.

As a result, in 2021 the former Conservative Government committed to strengthening the protection for workers against sexual harassment by introducing additional mandatory obligations on employers.

These changes will come into force from the 26 th  October 2024 under the  The Worker Protection (Amendment of Equality Act 2010) Act 2023 .

This article explores the existing law, the upcoming changes to the legislation and some practical tips for employers to prepare for the new duties imposed on them.

Understanding current protections under The Equality Act 2010

As defined under  The Equality Act 2010 , sexual harassment includes any unwanted conduct of a sexual nature where such conduct has the purpose or effect of either violating the victim’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Employers can currently use the defence that they had taken all reasonable steps to prevent harassment in the workplace. In practice however, few employers succeed with this defence given the threshold required to satisfy it.

Key changes in employer obligations which come into effect in October 2024

The following changes will come into effect from 26 th  October 2024 under the new legislation:

• An obligation on employers to take reasonable steps to prevent and address reports of sexual harassment of their employees (i.e. meaning there will be  a positive duty  on employers to take reasonable steps to prevent sexual harassment in the workplace); and
• In sexual harassment claims, where an employer is found to have breached this new duty the Employment Tribunal will also have the power to  uplift compensation by up to 25% . Given that there is no cap on the amount of compensation that may be awarded in discrimination claims this could be a substantial additional liability.

Claims for a breach of this duty can be made in the Employment Tribunal, however they must be attached to a claim for sexual harassment. The EHRC also has powers to take enforcement actions against employers who are in breach.

This duty does not extend to other harassment claims (i.e. linked to other protected characteristics), it only applies to sexual harassment.

Reasonable steps employers must take to prevent sexual harassment

The  ‘reasonable steps’  employers are required to take must be proactive (i.e. creating or controlling the workplace to prevent sexual harassment, rather than just responding to complaints or being passive) and they will likely be proportionate to the size of the employer and its resources.

The former Government intended to produce a statutory code of practice on sexual harassment at work, setting out the steps employers should take to prevent and respond to such claims, alongside these legislative changes.

They were collaborating with the ECHR to update and codify the existing ECHR code, and it was expected that this would be published around a month before the new legislation comes into effect.

However, given the change in Government, it is now unclear as to whether this will now be delayed. In the meantime, we have set out some practical tips below that employers should consider prior to the changes coming into effect.

Practical tips for employers to prepare for the new legislation

There are several ways in which employers can review and prepare for the upcoming changes as follows:

• Reviewing (and, where relevant, updating) policies and handbooks to ensure they are clear on the company’s approach to issues and complaints of sexual harassment by ensuring they clearly outline relevant reporting systems and how complaints will be dealt with;
• Ensuring workplace culture is inclusive and there is a zero-tolerance approach to harassment;
• Workers should be encouraged to report sexual harassment and inappropriate behaviour;
• Training should be provided to staff to ensure they understand where ‘workplace banter’ crosses the line into harassment;
• Dealing with any potential complaints seriously and promptly; and
• Monitoring any potential issue areas and identifying risks in the workplace;

Potential future changes and implications under Labour Government

The legislation which is coming into force in October 2024 is significantly watered down from the Bill as it was originally drafted.

Two key amendments included the removal of the obligation for employers to take ‘ALL reasonable steps’ (which would have imposed a higher standard of obligations on employers) to prevent sexual harassment and the proposed re-introduction of employer liability for harassment by third parties.

Previously, the Labour party indicated that it would support and be willing to re-instate these provisions, in particular the employer liability protection against harassment by third parties, and so these obligations may well change again in the future.

How can Morr & Co help?

If you require further assistance and advice on upcoming changes to the sexual harassment legislation or have any questions about this article, please call our  Employment  team on 01737 854500 or email  [email protected]  and a member of our expert team will get back to you.

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Half of young Aussies have no knowledge of workplace sexual harassment

Around half of young Australians had no understanding of what sexual harassment was when they embarked on their first jobs, federal Sex Discrimination Commissioner Anna Cody has said.

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Dr Cody is conducting consultations across Australia on workplace sexual harassment as part of the Speaking From Experience project for the Australian Human Rights Commission.

She said the 18-year-olds interviewed said when they entered the workforce at 14, 15 or 16, they had no understanding of what constituted sexual harassment, did not understand their rights in the case of workplace sexual harassment, nor did they understand they could access free legal advice from community legal centres or legal aid.

"People don't know what sexual harassment is. That's shocking to me," she said.

Dr Cody said: "[Despite] having had so much media coverage about it, people actually don't understand it ... don't understand the nuance of it."

That includes remarks being explained away as a "joke ... that's just how we do it".

One in three Australians have been sexually harassed at work in the last five years.

Preliminary feedback from the consultations said perpetrators often harass based on sexist, homophobic and racist stereotypes such as: "I thought all Asian women liked that."

It was also important, said participants, not to normalise sexist behaviour and "small" comments, which may go on to become more serious.

The responses reveal the important of continuing education, not only during workplace inductions.

Those interviewed also said in-person training was better received, rather than more impersonal online methods; and felt human resources departments were not trained to deal with sexual harassment.

That included taking a very legal approach which was not necessarily trauma-informed, such as conducting questioning that places the burden of blame on the person who has experienced the harassment.

That included being asked questions such as: "Are you sure it happened?"

Dr Cody was appointed to the position in September 2023.

A spokesperson for ANROWS, Australia's National Research Organisation for Women's Safety, said there must be continued investment in education which challenges harmful attitudes and assists every young person to recognise and reject all sexual harassment.

• Support is available for those who may be distressed. Phone Lifeline 13 11 14; Mensline 1300 789 978; Kids Helpline 1800 551 800; beyondblue 1300 224 636; 1800-RESPECT 1800 737 732.

Jenna Price

Jenna Price is a Canberra Times columnist and a visiting fellow at the Australian National University.

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Sexual Harassment at the Workplace Opinion Essay

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Skaine (1996) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…when submission or rejection of this conduct explicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment ” (p. 11). The two types of sexual harassment identified by the law are quid pro quo and hostile environment.

Quid pro quo refers to a condition where an employee is forced to provide sexual favors to an individual at a higher job rank in exchange of benefits at the workplace. On the other hand, hostile environment refers to a state where employees are harassed by offensive sexual behavior or any other act or state that intimidates a person sexually at the workplace (Geffner & Braverman, 2005).

Title VII of the Civil Rights Act protects employees against discrimination of any nature at the workplace. The Act protects employees from discrimination by their employees either in terms of gender, ethnicity, racial background, religion or any other form (Repa, 2010).

The scenario being experienced at the workplace provides that members of staff are offended by the personal photos and calendars hung in the back of the kitchen that are sexual in nature. Some of these items have been given to the staff from suppliers. The objects hung do not belong to just one individual and are making the other staff members uncomfortable. The other staff members asked for the items to be taken down and have even taken them down themselves, but that has caused more items to be hung up in their place.

From this scenario it is evident that the employees are offended by the pictures and this is a case of a hostile work environment. The rights of the employees have been violated yet they have the right to be protected from sexual harassment. In this scenario, sexual harassment is experienced by the employees and the kitchen manager should take action to protect the rights of the employees.

As the kitchen manager I would ensure that all the complaints are dealt with immediately and appropriately. All pictures identified to cause sexual harassment should be removed and no more pictures of a similar kind should be displayed in future. It is good to discuss the issue with the employees and assure them that it is regrettable that such an offensive act has been happening and that a similar occurrence would not be experienced in future.

A comfortable work environment is a right to all employees and it would be my duty to ensure that all employees are comfortable at the workplace. Moreover, injunction should be placed against suppliers providing materials which are offensive. To add on that, personal photos bearing offensive photos should be banned at the workplace.

It is therefore conclusive that employees have a right to be protected against sexual harassment. Sexual harassment consists of all environmental conditions at the workplace which are sexual in nature and are offensive.

It is the responsibility of the management of the organization to ensure that all the employees are comfortable at the workplace. To avoid a similar occurrence in future, employees of the organization should have the freedom to express their grievances and to discuss matters that may affect them at the workplace.

Geffner, R. and Braverman, M. (2005). Aggression in organizations: violence, abuse, and harassment at work and in schools. Routledge. ISBN 0789028425, 9780789028426

Repa, B. K. (2010). Your Rights in the Workpla ce. Nolo. ISBN 1413312101, 9781413312102.

Skaine, R. (1996). Power and gender: issues in sexual dominance and harassment. McFarland. ISBN 0786402083, 9780786402083.

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IvyPanda. (2018, May 16). Sexual Harassment at the Workplace. https://ivypanda.com/essays/sexual-harassment-at-the-workplace/

"Sexual Harassment at the Workplace." IvyPanda , 16 May 2018, ivypanda.com/essays/sexual-harassment-at-the-workplace/.

IvyPanda . (2018) 'Sexual Harassment at the Workplace'. 16 May.

IvyPanda . 2018. "Sexual Harassment at the Workplace." May 16, 2018. https://ivypanda.com/essays/sexual-harassment-at-the-workplace/.

1. IvyPanda . "Sexual Harassment at the Workplace." May 16, 2018. https://ivypanda.com/essays/sexual-harassment-at-the-workplace/.

Bibliography

IvyPanda . "Sexual Harassment at the Workplace." May 16, 2018. https://ivypanda.com/essays/sexual-harassment-at-the-workplace/.

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'Power play' a factor in workplace sexual harassment, senator says

Senator Robin Padilla on Thursday raised concern on how "power play" spurs the occurrence of sexual harassment in the workplace.

"Dapat wala diyan ang power play. Sa aking maiksing pag-aaral sa topic na ito, nakita natin ang sexual harassment ay malamang ang laging pinag-uusapan diyan ay power play. Talagang ang may kapangyarihan [ay] kung sino ang puwede mag-promote o magbigay ng anumang incentive, laging doon bumabagsak," Padilla said.

(Power play should end. In my brief study of the topic, we see many cases of sexual harassment involving power play, involving those who have the power to give promotions or incentives.)

"Kaming artistang nandidito gusto ipaalam sa inyo, nangyayari ang sexual harassment sa industry namin. Marami akong nabasa na kaso nangyayari sa ibang office at government pa at kadalasan sa paaralan," he added.

(I am from the entertainment industry, and I can say sexual harassment occurs not just in our industry but also on other offices and even in governments and schools.)

For Padilla, incidents of sexual harassment perpetrated by employers are "incomparable" to cases perpetrated by company employees.

"Para sa akin eh iba kasi 'yung employer ang bumiktima doon sa employee kasi... may power play na hindi mo maintindihan, may pagka-predator. Iba 'yun eh. Nanggigigil ako doon," he said.

(For me, it is a different case if sexual harassment was done by an employer to an employee. There is power play there. It appears that they are predators. I am angered by such cases.)

The lawmaker raised this during the continuation of the Senate public information and mass media committee's inquiry into the policies of television networks and artist management agencies in relation to complaints of abuse and harassment.

Padilla chairs the Senate panel, which is investigating the alleged abuse by two independent contractors of GMA Network on Sparkle artist Sandro Muhlach.

The two contractors, Richard Cruz and Jojo Nones, have denied the sexual harassment allegations hurled against them, but senators expressed belief that there was "strong evidence" against them. — VDV, GMA Integrated News

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California politics still struggles with sexual harassment. San Francisco’s latest reckoning could help

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When members of the San Francisco Democratic Party coalition surfaced public allegations of sexual harassment and assault in the spring, leadership had two options: ignore it like many predecessors have, or force Democrats in one of America’s most progressive cities to take a long, hard look in the mirror.

Party Chair Nancy Tung decided that the days of waiting for these scandals to fade would end with her. Tung created a special committee to examine sexual assault and harassment in the San Francisco political community, and held a meeting in May for survivors to share their experiences. The hearing was emotional , featuring testimonies about workplace harassment, physical assault and rape, and how allegations were ignored for years.

Since then, more accusations have surfaced, again calling into question just how prevalent experiences of misconduct are in political spaces. Even in the progressive bastion of California, sexism and harassment in the workplace remains rampant, and there hasn’t been much substantive change in recent years.

In 2017, the Capitol was rocked with allegations of sexual assault and harassment in the workplace during the #MeToo movement, prompting an overhaul of sexual harassment policy in the Legislature and a public reckoning . Over 140 women — legislators, staffers, lobbyists and consultants — signed a letter detailing the “pervasive” and “dehumanizing behavior by men with power” in California’s political ecosystem.

But one highly publicized moment of collective outrage clearly did not solve the problem. It took months of pressure for the Legislature to release its records of sexual harassment allegations in 2018, finally naming many of the abusers it had long protected.

As a survivor of sexual assault, I know how quickly people can forget. Without sustained public pressure, superficial commitments to fighting sexual harassment culture are just lip service

Right now, California’s political sector should be paying greater attention to what’s happening in San Francisco to ensure this latest wave of action leads to meaningful reforms. Hopefully it’ll inspire other communities to take charge before more survivors lose hope and resign themselves to despair.

‘We just sort of took it on the chin’

Unfortunately, politics presents an environment ripe for abuses of power: Success is built on relationships, and those connections are often cultivated outside the workplace. Afterhours social events dominate the calendars of young legislative staffers or consultants hoping to make a good impression. Sometimes skipping a night out could mean losing out on a career opportunity or vital networking.

Pamela Lopez, a lobbyist who accused a legislator of sexual misconduct in 2017, told me that the issue is much more pronounced with political staffers early in their careers. Lopez, 42, says her seniority shields her from the harassment others experience: She feels like she has “aged-out.”

“When I was in my 20s, I remember one time this public official wouldn’t take a meeting with my clients unless I had lunch with him afterwards wearing open-toed shoes because he had a foot fetish,” Lopez recalled. “It was like, well shit, if I report this I’m the one who’s gonna be in trouble, and so we just sort of took it on the chin.”

Many political workplaces are also temporary. Campaigns and other organizing efforts are usually volunteer-based and lack anti-harassment trainings or a clear method for reporting misconduct.

While personal experiences vary depending on the workplace, these blurred lines and power imbalances create a murky environment. Public image is everything in politics, and those with the power to act often choose to sweep things under the rug.

“This is what it is to be a woman and work in an industry where there’s money and there’s power,” Lopez said, highlighting the transactional nature of politics.

It’s easier to dismiss something appalling when seeking accountability puts money, power and relationships on the line. That’s why so many survivors stay silent — it’s why I didn’t contact the police when I was assaulted in high school. We don’t expect to be supported, and are all too familiar with stories of systems failing when victims come forward.

Where past reforms fell short

Ruth Ferguson didn’t expect to sacrifice years of her life when she reported sexual harassment and retaliation from a supervisor at an Assembly district office. After informing the chief of staff in 2019, it took over a year for Ferguson’s complaint to reach the Legislature’s newly formed Workplace Conduct Unit . 

Read More: What the plan to deter Capitol sexual harassment really addresses — and avoids

The investigation dragged on for another year while she continued working in the same office. The unit even revealed Ferguson’s identity to senior staffers, subjecting her to further retaliation and discrimination.

The WCU, charged with investigating cases of misconduct and harassment, was reportedly unable to substantiate whether Ferguson was harassed or retaliated against and closed the case — despite Ferguson’s claim that there was ample evidence and witnesses to corroborate her complaint.

The same month Ferguson filed a workplace discrimination suit with the Department of Fair Employment and Housing, she received a letter from the Workplace Conduct Unit notifying her that they were now investigating her conduct during many of the instances she reported as harassment.

With the power dynamic flipped, the Legislature apparently substantiated those allegations thanks to a “preponderance of evidence.” 

By the end, Ferguson took medical leave to escape an unbearable work environment, suffering from post-traumatic stress disorder and a debilitating depression.

Throughout the process Ferguson was routinely ignored, gaslighted, discredited and subjected to further mistreatment for years. She wasn’t even allowed to view the case files. 

She was punished for reporting, as so many of us are .

“There needs to be a way to be survivor centric, to really make survivors not just feel, but  know that they are in the driver’s seat.” Ferguson told me. “Like, if you come forward with an allegation, that not only are you gonna be taken seriously … but that you will be treated fairly.”

Ultimately, the Legislature’s effort at an independent, transparent system amounted to self-policing and then went years without releasing any records . The promise to do so was informal, and the Legislature exempts itself from the Public Records Act — which applies to all other state agencies.

After a nearly four-year gap, the elected body only released records after KCRA 3 questioned the oversight this January. Even then, the Legislature released a document which only states the number of cases handled by the Workplace Conduct Unit over the last three years. And it doesn’t say which of the 391 complaints were substantiated.

“All political institutions suffer from the same root challenges when it comes to sexual misconduct and discrimination because relationships are so important in politics,” Ferguson said. “Sometimes people, unfortunately, put those relationships over taking accountability or doing the right thing.”

How bad is workplace harassment at California Capitol?

In 2021, tenant rights advocate Sasha Perigo wasn’t taken seriously, either, when she accused then-rising San Francisco political star Jon Jacobo of rape. The San Francisco Standard reported in April that three other women filed police reports for sexual assault and domestic violence against Jacobo soon after Perigo’s accusation came to light — and they say their allegations were largely ignored in the three years since. 

Last week, Jacobo was arrested for multiple counts of sexual assault and domestic violence. He pleaded not guilty and will face a preliminary hearing on Thursday to determine whether there’s enough evidence for a trial.

While Perigo did not pursue charges after completing a rape kit — she cited mistrust of law enforcement and how retraumatizing the reporting process can be — she made her claims publicly, and San Francisco’s political community mostly looked the other way.

In my experience, every day feels like a knife in the back when you come forward and are only met with platitudes and inaction.

Perigo publicly posted documents and screenshots when she first came forward, prompting three other women to share evidence of their own with police. It took three years and a news investigation for any semblance of justice to take shape. It shouldn’t be this difficult for credible claims to spur action.

SF’s reform efforts could be different

Tung, the chair of the San Francisco Democratic Party, ran on a campaign promise to better address sexual harassment in the workplace after the lack of action taken by leadership in 2021. Tung and Committee Chair Lily Ho are adamant that the committee is not only working on a new code of conduct and policies for dealing with future allegations, but are committed to a cultural change within the party.

“People who are survivors — who share their stories — deserve to be treated with dignity and respect,” Tung said. “They deserve to be believed, and they deserve to have the process center around them.”

The committee Tung created has had its share of problems. Former San Francisco Supervisor Michela Alioto-Pier stepped down from the committee after advocates took issue with her past support of a Newsom aide convicted of domestic violence and child abuse. Some party members have also complained about the lack of Black and Latino representation. And a few survivors opted out of the May hearing due to committee members’ close ties to a nonprofit director once accused of sexual assault.

Still, compared with past efforts to address sexual misconduct in the political realm, the party chapter is making strides. Ho attributes this to Tung’s political will. “I think we’re finally here with females in charge,” she told me.

That includes Alondra Esquivel, president of the nonpartisan San Francisco Women’s Political Committee, who has been hearing about sexual misconduct in San Francisco politics for years. Right now, committee members are working with Esquivel’s organization, other chartered Democratic clubs and survivor representatives to come up with a new code of conduct for the party and other stakeholder organizations.

Despite its faults, she sees the creation of this special committee as a major step forward.

“This hearing should have happened years ago, but it didn’t — but we’re still progressing,” Esquivel said.

The San Francisco Democratic Party’s efforts are by no means perfect, but no effort will be when it comes to to addressing sexual misconduct in the workplace. There is no roadmap to success, but pretending it doesn’t happen or placating victims with temporary promises is much worse.

In San Francisco, women are finally leading the charge and survivors are helping create new policies. That alone is progress.

More importantly, they are beginning the cultural change that every institution struggles to create and that every survivor deserves.

Kate McQuarrie California Voices Intern

Kate McQuarrie is the California Voices Intern at CalMatters and a recent graduate of the University of Southern California with a degree in English. She previously covered politics and activism for Annenberg... More by Kate McQuarrie

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First Published: Aug 14 2024 | 11:36 PM IST

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Deserted: The U.S. Military's Sexual Assault Crisis as a Cost of War

Over the past decade, the U.S. military has implemented policies to promote gender equality, notably lifting the ban on women in combat roles in 2013 and opening all military jobs to women by 2016. Yet, even as U.S. military policy reforms during the “War on Terror” appear to reflect greater equality, violent patterns of abuse and misogyny continued within military workplaces.

This author of this report found that sexual assault prevalence in the military is likely two to four times higher than official government estimations. Based on a comparison of available data collected by the U.S. Department of Defense to independent data, the research estimates there were 75,569 cases of sexual assault in 2021 and 73,695 cases in 2023. On average, over the course of the war in Afghanistan, 24 percent of active-duty women and 1.9 percent of active-duty men experienced sexual assault. The report highlights how experiences of gender inequality are most pronounced for women of color, who experience intersecting forms of racism and sexism and are one of the fastest-growing populations within the military. Independent data also confirm queer and trans service members’ disproportionately greater risk for sexual assault.

The report notes that during the post-9/11 wars, the prioritization of force readiness above all else allowed the problem of sexual assault to fester, papering over internal violence and gender inequalities within military institutions.

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