Article 5 - Understanding Workplace Sexual Harassment and Strategies for Prevention

 

Workplace sexual harassment refers to any unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. It can be prevented through various measures, such as implementing clear anti-harassment policies, conducting regular training sessions to educate employees about their rights and responsibilities, establishing a confidential reporting system, and promptly investigating and addressing any reported incidents. Additionally, fostering a culture of respect and inclusivity where everyone feels comfortable speaking up against harassment 
Sexual harassment in the workplace is a serious problem that can have a negative impact on workers' motivation, output, and satisfaction. If an employee feels they are being harassed on the job, they should take steps to protect their rights and put a stop to the behaviour.
The challenges of maintaining effective interpersonal relationships in the workplace are not unique to teens. Both young and old people may find it difficult to successfully balance their personal and professional lives.
Many people avoid romantic relationships with coworkers because they worry it would lower their professional standards and confuse the dynamics between them and their coworkers.
However, there are countless examples of people failing to recognize sexual harassment occurring in their local surroundings. Regardless of one's rank or position in the workplace, it is everyone's responsibility to report and immediately address any occurrences of sexual harassment. However, there are countless examples of people failing to recognize sexual harassment occurring in their local surroundings. Regardless of one's rank or position in the workplace, it is everyone's responsibility to report and immediately address any occurrences of sexual harassment.
An advance's seeming innocence is irrelevant. It is critical for an employee to take the initiative to confront any situation in which they feel uneasy or if they observe behaviour that goes beyond what is considered appropriate business conduct.(Mattice, 2022)

What is the Sexual Harassment in the Workplace?

According to the Sri Lanka Labor Law, sexual harassment can occur in any workplace, from a factory to an office to a shop to a school. If the behaviour creates a hostile work environment or hinders an employee's success, it is considered unlawful sexual harassment, regardless of who committed the offence—a manager, coworker, or even a non-employee like a client, contractor, or vendor. 

Sexual harassment in the workplace is different from general sexual harassment in that it is directly related to the way one makes a living. It is often used as a form of power play and can occur at many stages of the job cycle, from recruitment to promotion.

It can include direct sexual advances or propositions, including higher-ranked employees asking for sexual favours from juniors. It can also include intimidating or excluding women employees to jeopardize their employment status. And it can mean creating a hostile workplace for women by using sexist jokes, and remarks, or pinning up sexually explicit or pornographic photos.

Sexual harassment in the workplace can prevent victims from earning a living, doing their job effectively, or reaching their full potential. Sexual harassment can also poison the environment for everyone else. If left unchecked, sexual harassment in the workplace has the potential to escalate to violent behaviour.  ( Salary.lk, 2000)

Defining workplace sexual harassment

Workplace sexual harassment includes acts of unwelcome or improper sexual conduct that transpire within the context of a professional or employment-related environment. Sexual harassment includes many forms of unwelcome sexual approaches, remarks, solicitations for sexual favours, or other verbal, non-verbal, or physical behaviours of a sexual character that result in an atmosphere that is hostile or threatening for the one experiencing it. Sexual harassment has the potential to transpire among persons of diverse genders and can encompass a power imbalance, wherein one individual has control over the other.

There are two main types of workplace sexual harassment:

 Quid Pro Quo Harassment: This sort of harassment entails a situation where an individual's access to job perks or prospects is contingent upon their compliance with unwanted sexual advances, solicitation of sexual favours, or engagement in other types of sexual conduct. This sometimes entails someone in a position of power, such as a supervisor or manager, leveraging their influence to compel the victim to participate in sexual acts in return for employment advantages, advancements, or job stability.

Hostile Work Environment: This form of harassment encompasses the creation of an environment wherein sexual comments, jokes, pictures, or other behaviours that are undesirable in nature contribute to an atmosphere that is characterized by intimidation, hostility, or offensiveness. The existence of sexual material or conduct in the workplace might give rise to a scenario wherein the victim experiences discomfort, tension, or dread.

Sexual Harassment at Sri Lankan Workplaces

However, despite the fact that the Sri Lanka labour force has witnessed a gradual rise in the participation of women since 1977, their representation remains significantly lower in comparison to males. One prominent factor contributing to this regrettable circumstance is sexual harassment, which compels women to exit their positions of employment. (Karunarathne, 2015) 

Sexual harassment in the workplace is a prevalent issue affecting a significant proportion of women who are employed, irrespective of their socioeconomic status or educational attainment. This phenomenon can occur within both the organized and unorganized sectors, encompassing individuals with varying levels of education and income, ranging from illiterate, low-wage employees to highly educated and well-compensated CEOs. The experience adversely affects the psychological and emotional well-being of the individual affected. The user's text is too short to be rewritten academically. Additionally, it is worth noting that this phenomenon has been found to have a detrimental impact on productivity, as seen by factors such as increased absenteeism, higher staff turnover rates, and worse worker morale. The negative consequences of a firm's public image being tarnished include potential damage to its reputation and a subsequent decline in profitability due to adverse publicity and increased expenses associated with legal proceedings. Over time, this phenomenon leads to a decline in the overall economic progress of the nation. (Karunarathne, 2015)

According to the IFC research on Respectful Workplaces in 2022, three out of every five employees polled experienced workplace bullying or harassment. Sexual harassment and online violence were also discovered to be the most underreported forms of workplace violence, particularly for employees with disabilities, who are 10%-20% more vulnerable. Such data are just the tip of the iceberg, highlighting the need for Sri Lankan firms to focus on concrete initiatives to create better workplaces. (Creating Cultures of Respect, 2023)

Inform everyone that sexual harassment will not be tolerated.

In your employee handbook, be sure to include clear sexual harassment language, which is usually part of a wider anti-harassment policy. This information should reflect all relevant federal, state and local laws.

It’s best practice for this portion of your policy to:

• Define sexual harassment.

• Communicate any prevention training requirements.

• Explain how to file complaints and how to follow your investigation process.

• Encourage (but not require) employees to inform the harasser directly that the conduct is unwelcome and must stop.

• Indicate that all supervisors are responsible for:

• Doing all they can to prevent and discourage workplace sexual harassment from occurring.

• Taking immediate action when employees make complaints.

Writing these expectations in your handbook codifies that sexual harassment will not be tolerated. It also makes clear to all parties that, if it does occur, you have established complaint and investigation procedures to guide both employees and supervisors.

Sexual harassment versus inappropriate conduct

Furthermore, the dearth of reported incidents of workplace sexual harassment suggests a hesitancy among women to come forward and disclose this egregious transgression. Furthermore, this phenomenon also highlights the law's limited capacity to comprehend the lived experiences of women. The aforementioned factors might be regarded as the underlying causes for this hesitancy.

1. Lack of encouragement by the criminal justice system and law enforcement authorities for complaints of sexual harassment

2. The fear of making matters worse

3. The fear of harm to one’s name and reputation

4. Considering sexual harassment as a common practice in workplaces

5. Lack of awareness about legal relief

6. The absence of sexual harassment prevention policies in the workplace

7. The common practice of blaming victim-survivors rather than the aggressor

8. Low self-esteem

In a particular case, an employee working in a factory declined a promotion to a supervisory role, expressing concerns about potential rumours among her coworkers that the promotion was granted based on favouritism or engaging in sexual acts.

Sexual harassment prevention

The good news is that recent efforts and measures for preventing sexual harassment have yielded results. According to LinkedIn’s Global Talent Trends 2019 report, 75% of human resource professionals claim they have witnessed a shift in employee attitudes and behaviour related to sexual harassment. (Embroker Team, 2023 )

It can probably be said that the recent increase in the level of transparency and visibility for sexual harassment victims has helped to make workplaces safer, even though there is still much work to be done. According to the EEOC’s recently released data, the number of sexual harassment claims slightly dropped in 2019 (7,514) compared to 2018 (7,609).
One of the pillars of prevention is making sure that employers are consistently creating a safe environment where employees won’t fear being fired when speaking up about their issues, especially if the harassment is coming from their superiors. This constant reassurance is an essential factor in preventing sexual harassment. Potential abusers should be made aware that sexual harassment won’t be tolerated and that such behaviour will be punished. (Embroker Team, 2023 )

Teaching all employees about what sexual harassment entails, encouraging victims to speak up, and ensuring potential abusers that their behaviour will not be ignored are all essential for sexual harassment prevention.

Provide your employees with training.

Proper training is a key factor in combating sexual harassment in the workplace. Certain states, such as Connecticut, Maine, and California (for companies with 50 employees or more), will require employers to offer sexual harassment prevention training to their workers and management. However, most employers are strongly encouraged to provide at least yearly sexual harassment training sessions, even if it isn’t considered a state requirement.

These sessions should focus on explaining what sexual harassment entails, describing reporting procedures, and encouraging everyone to talk to the HR staff openly about any concerns.

Training sessions for managers should be held separately from the employee sessions. The sessions should educate the management team by defining common sexual harassment examples and training them on how to respond to complaints and become proactive in preventing such behaviour at the workplace.

Make reporting incidents easier.

Victims may often feel embarrassed and might not want to talk to the HR staff in person. This is why you should include options such as reporting via email, phone, or through a questionnaire.

Ensure everyone feels protected.

All employees should feel equally valued and protected, regardless of their gender, race, position within the company hierarchy, or sexual orientation.

Claiming that your policy applies to everyone is rarely sufficient. It's crucial to make people of all backgrounds, orientations, and genders feel included and respected by including them in your rules.

Be open and honest.

There are legal and ethical imperatives for complete openness. Victims may be hesitant to come forward if they have never seen your procedure in action and have no idea what to anticipate if problems are dealt with in secret and never made public.

This is why taking a stand against abuse in public is so important; it sends a strong message to potential abusers and encourages victims to come forward. Although confidentiality for a harassed worker should be maintained, the outcome of the matter should be made public. By making the outcome of the matter public, organizations demonstrate their commitment to transparency and accountability. This not only deters potential abusers but also reassures victims that their concerns will be taken seriously and justice will be served. Additionally, publicizing the resolution can help raise awareness about workplace abuse and foster a culture of zero tolerance, ultimately leading to a safer and more inclusive work environment for all employees. (Embroker Team, 2023 )

Bottom Line
Sexual harassment may occur in any job and affect anybody. When sexual harassment occurs, it is critical to detect and report it so that it can be stopped. Anyone who has been subjected to sexual harassment at work should be aware of their rights and where they may get assistance. It might be tough to take action to end sexual harassment at work, but it is critical to remember that you have rights and that certain individuals can assist you. (Mattice, 2022) 
Taking immediate action is crucial because it not only helps in protecting your rights but also prevents the situation from escalating further. By reporting the harassment promptly, you contribute to creating a safer and more respectful work environment for yourself and others. Remember, you are not alone in this, and there are resources available to support you throughout the process. 

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References

Salary.lk. ( 2000, May 04). Retrieved from Part of WageIndicator Foundation: https://salary.lk/labour-law/fair-treatment/sexual-harassment/workplace-sexual-harassment-sri-lanka

Creating Cultures of Respect. (2023, January 11). A Year Later DCLK’s Journey to Build Inclusive Workplaces Continues, pp. https://arteculate.asia/creating-respectful-workplaces-dclk/.

Embroker Team. (2023 , March 27). Embroker. Retrieved from www.embroker.com: https://www.embroker.com/blog/how-to-prevent-sexual-harassment/

Insperity Staff, Human Resource Advisor, Houston, . (2023, August 14). insperity. Retrieved from www.insperity.com: https://www.insperity.com/blog/workplace-sexual-harassment/

Karunarathne, W. M. (2015, December 3). Sexual Harassment at Sri Lankan Workplaces, and its Legal Remedy. Nivedini-Journal of Gender Studies.

Mattice, C. (2022, Aug 17). Sexual Harassment At Work: How To Recognize And Combat It. Retrieved from civilitypartners.com: https://civilitypartners.com/sexual-harassment-at-work-how-to-recognize-and-combat-it/