Sexual Harassment in the Workplace

CREATING A SAFER WORKPLACE THROUGH SEXUAL HARASSMENT PREVENTION

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Sexual harassment is inappropriate misconduct of a sexual nature that makes a person feel unsafe, offended, humiliated, and/or intimidated and uncomfortable. The International Labour Office defines sexual harassment as sex-based behavior that is unwelcome and offensive to its recipient. For sexual harassment to exist, these two conditions must be present. Whether at work, school, or on the street, sexual harassment is not just about sex. It is about a harasser creating an environment of hostility towards a person, or abusing power over someone. Sexual harassment can happen to someone of any gender, identity, or sexual orientation. It can be carried out by anyone of the same sex, different sex, or any gender identity. Sexual harassment at work is an extremely serious problem. It can hurt the health and well-being of employees, making people feel unsafe and violated; it can make employees less productive, and can increase employee absenteeism, and turnover. Workplace sexual harassment can happen during working hours and work-related activities such as training courses, conferences, trips, and social activities. It might come from a co-worker, a supervisor or manager, or a customer or client.

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There are two types of unlawful workplace sexual harassment:

1. One type is conduct that a worker is forced to endure as a condition of employment. This form of harassment is called “quid pro quo” (or “this for that”). It may involve a supervisor pressuring or coercing a subordinate to engage in sexual acts for continued employment, a promotion, favorable hours or shifts, time off, or a positive review.

1. The other occurs when conduct is intentional, recurring, severe, and/or pervasive and impacts one’s ability to perform their job. This is called a “hostile work environment.” Examples include a colleague making offensive jokes, comments, insults, or sharing offensive images.

Sexual harassment is not limited to making inappropriate advances. The behaviour does not have to be explicitly directed at you. It includes any unwelcome verbal or physical conduct that creates a hostile work environment.

Examples of behavior that could be harassment include but are not limited to:

• Sharing sexually inappropriate images or videos, such as pornography or salacious gifs, with coworkers
• Sending suggestive letters, notes, or emails
• Displaying indecent sexual images or posters in the workplace

• Telling lewd jokes or sharing sexual anecdotes
• Making inappropriate sexual gestures
• Staring in a sexually suggestive or offensive manner or whistling
• Making sexual comments about appearance, clothing, or body parts
• Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against another person

• Asking sexual questions, such as inquiries about someone’s sexual history or their sexual orientation
• Making offensive comments about someone’s sexual orientation or gender identity

For something to be considered sexual harassment, it matters what the person who’s being harassed thinks; It does not matter if the person doing the harassment thinks it’s OK, harmless, not sexual, or welcomed. It’s still harassment if the behavior is something you do not want or find offensive. It is still sexual harassment if recipient of the behaviour doesn’t immediately say “stop” or something else to let the person know that what they’re saying/doing is inappropriate.You might laugh along at a joke that you find offensive, accept a hug because you’re caught off-guard, or because you worry that the person will poorly react if you do not submit to their behavior. If the harasser is a supervisor or someone else who has structural power, there is a power dynamic at play, and it can be very difficult for you to speak up or say no without feeling like it may impact your job. All of these are human responses to harassment. Responding this way does not make the harassment less severe or make you in any way responsible.It’s also worth noting that those negatively impacted by harassment may not only be those directly targeted by the offense, but anyone indirectly affected by the inappropriate behavior as well. When inappropriate sexual comments are uttered, a co-worker standing nearby may be affected/harmed, even if those words are not directed towards them.

Sexual harassment can cause physical and psychological harm to the person it is directed at and anyone witnessing the behaviour. It can lead to:

• Psychological suffering including: humiliation, reduced motivation, loss of self-esteem;
• Behavioural change, including isolation or deterioration of relationships;

• Stress-related physical and mental illness, including drugs and alcohol abuse;
• People can choose to forego career opportunities for fear of their harasser, leave employment or in extreme cases, choose to take their life.

Everyone has the right to a workplace that is safe. Employers have the responsibility to manage the health and safety risks of workplace sexual harassment, just as they do for any other health and safety risk. Sexual harassment can cause psychological and physical harm, and it should not be ignored.If you or someone you know is experiencing sexual harassment, here are some actions you can take. Remember, it is normal to be afraid or worried about reporting sexual harassment or taking other action to make the harassment stop. Do what is right for you, and ensure you choose your safety first. It’s important to also remember that you don’t have to go through this alone.

These are just examples of options you might want to consider.

• Ask for support: Seeking support (including psychological support) from a colleague, helpline, counseling service, legal service, or employee representative can help bring about perspective, actions that you can take, protection, and recovery.
• Report: Reporting your experience to a supervisor, HR director, or your organization’s designated person can ensure you or anyone else never experiences violence from your harasser again. You may be worried that things will worsen if you report sexual harassment, but, remember, you have every right to feel safe at work.
• Communicate: Approaching the other person(s) to talk about your concerns after the incident has occurred if you feel safe and comfortable doing so. It can be wise to have a mediator or a support person with you when you do this.
• Record: Keeping a record of what happened, when and where it happened, who was involved, and anything else you think may be necessary, so that if you choose to share your experience, you’re able to speak to specific points.
• Request improved internal policies: If you feel comfortable doing so, you can request that your employer implement climate surveys and staff training on sexual harassment, bystander intervention, and diversity and inclusion. This can help others who have experienced sexual harassment or contribute to the awareness and prevention of it.

It is the responsibility of your employer to provide a safe physical and online work environment. The key to preventing sexual harassment is for employers to send an unequivocal message to every workplace participant that sexual harassment is unacceptable. The first step toward sending this message is creating a work environment that is healthy, safe, and based on courtesy and respect.Permitting or ignoring sexist, intimidating, aggressive, or offensive behaviour creates an unsafe and hostile environment. This can increase the risk of sexual harassment and have a significant and ongoing negative impact on employees and the business. By taking positive steps to create a workspace that addresses sexual harassment seriously and fosters accountability, employers can significantly reduce the instances of sexual harassment in their workplace and increase the productivity and wellness of their employees.A crucial aspect of prevention is developing and implementing a written workplace policy that clarifies that sexual harassment is unlawful and will not be tolerated under any circumstances. Employers might create a stand-alone policy on workplace sexual harassment or incorporate sexual harassment into a broader policy on workplace harassment.A written policy can only effectively address sexual harassment if it is implemented consistently and effectively. Team members should be made aware of the procedure and their rights and obligations in relation to sexual harassment. Ongoing training is also essential in effectively implementing a sexual harassment policy. Employers should ensure that sexual harassment training forms part of an organizations core training, including workplace induction.Employers should encourage workers to report sexual harassment. They should provide an accessible and user-friendly process to report sexual harassment informally, formally, anonymously, and confidentially, including information on available support services.It is crucial to address unwanted or offensive behavior early, as it can stop it from escalating further. Sometimes lower level (but still unacceptable) forms of harassment can be seen as a part of daily working life, like sexual jokes, gendered teasing, or giving inappropriate nicknames to coworkers. These small acts of harassment may be more easily ignored. Still, these behaviours can quickly escalate to more serious forms of harassment. They can create a culture where workers do not feel safe or supported to report sexual harassment.Finally, it is important to acknowledge that a written policy and an intention to create a workspace that stands against sexual harassment can only be as effective as the culture it exists within. Effectively enabling anti-sexual harassment policy in a workplace requires a broad prioritization of respect, equity, and accountability in behaviours and attitudes.