Form of Sexual Harassment
Till (1980) and Gruber (1992) has also categorized sexual harassment into different categories (O’Donohue, 1997). Till (1980) has classified the experiences of sexual harassment into five categories; generalized sexist remarks and behaviours; inappropriate and offensive, but essentially sanction-free sexual advances; solicitation of sexual activity or other sex-related behaviour by promise of reward; coercion of sexual activity by threat or punishment; and lastly, sexual crimes and misdemeanours, including rape and sexual assault. On the contrary, Gruber (1992) has categorized harassment into three categories;
i. Verbal requests: Sexual bribery, sexual advances, relational advances, and subtle pressures or advances.
ii. Verbal remarks: Personal remarks, subjective objectification, and sexual categorical remarks.
iii. Nonverbal displays: Sexual assault, sexual touching, sexual posturing, and sexual materials.
In addition to that, according to the Code of Practice on the Prevention and Eradication of Sexual Harassment at the Workplace, sexual harassment involves various conducts of a sexual nature which can be categorized into five forms;
1) Verbal harassment: Offensive or suggestive remarks, comments, jokes, jesting, and vulgar sounds.
2) Non-verbal/gestural harassment: Leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signals or sign language denoting sexual activity or persistent flirting.
3) Visual harassment: Showing pornographic materials, drawing sex-based sketches or writing sex-based letters, and flashing.
4) Psychological harassment: Repeated unwanted social invitations, relentless proposals for dates, or physical intimacy.
5) Physical harassment: Inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, and sexual assault.
Consequences of Sexual Harassment
Sexual harassment at work can have very serious consequences both for the harassed individual as well as for other working women who experience it secondhand. The consequences to the individual employee can be many and serious. In some situations, a harassed woman risks losing her job or the chance for a promotion if she refuses to give in to the sexual demands of someone in authority. In other situations, the unwelcome sexual conduct of co-workers makes the working conditions hostile and unpleasant- putting indirect pressure on her to leave the job. Sometimes, the employee is so traumatized by the harassment that she suffers serious emotional and physical consequences and very often, becomes unable to perform her job properly.
According to the data compiled by Equal Rights Advocates, a women’s law center in the U.S., 90 to 95% of sexually harassed women suffer from some debilitating stress reaction, including anxiety, depression, headaches, sleep disorders, weight loss or gain, nausea, lowered self-esteem and sexual dysfunction. In addition, victims of sexual harassment lose $4.4 million dollars in wages and 973,000 hours in unpaid leave each year in the United States.
The consequences to working women as a group are no less serious. Sexual harassment has a cumulative, demoralizing effect that discourages women from asserting themselves within the workplace, while among men it reinforces stereotypes of women employees as sex objects. Severe or pervasive sexual harassment in certain types of businesses creates a hostile or intimidating environment that causes women to leave their jobs and look elsewhere for work or discourages them from seeking those jobs in the first place.
The effect on the morale of all employees can also be serious. Both men and women in a workplace can find their work disrupted by sexual harassment even if they are not directly involved. Sexual harassment can have a demoralizing effect on everyone within range of it, and it often negatively impacts company productivity on the whole.
As reported by the Ministry of Human Resources, there are 297 sexual harassment cases received and resolved in Malaysia. The data from year 1999 to 2010 is presented in Table 1 as follows:
Table 1: Statistic of Sexual Harassment Cases Received and Resolved from 1999-2010
Year Number of Cases
1999 29
2000 61
2001 46
2002 21
2003 16
2004 19
2005 12
2006 23
2007 9
2008 19
2009 22
2010 20
Total of Cases 297
Source: Ministry of Human Resources, Malaysia.
Three main consequences of sexual harassment as suggested by Fitzgerald and Drasgow et al.’s (1997 as cited in Willness, Steel & Lee; 2007) are (1) work-related effects; (2) psychological effects and (3) physiological outcomes. Studies on work-related effects concur on the negative repercussions of sexual harassment which include lower productivity, less job satisfaction, increased stress, reduced morale and self-confidence, as well as loss of motivation and commitment to work leading to reduced productivity. The emotional health of victims is also severely affected such as depression, helplessness, strong fear reactions, loss of control, disruption of victims’ lives and decreased motivation resulting from sexual harassment. While physiological outcomes include headache, sleep disturbance, eating disorder, gastrointestinal disorder, nausea, weight loss or gain, crying spells and post-traumatic stress disorder (PTSD) such as shock, emotional numbing, flashback as well as other signs of anxiety and depression. The visual representation of meta-analysed antecedent and outcome variables in relation to sexual harassment experiences is illustrated in Figure 1 as follows:
Figure 1: Visual Representation of Meta-Analysed Antecedent and Outcome Variables In Relation To Sexual Harassment Experiences
On the other hand, Public Service Department of Malaysia (Service Circular No. 22 Year 2005) looked at the consequences of sexual harassment from different angle which are perspective of the (1) complainant; (2) officer who is suspected to be harassing and (3) organization. The negative effects on the complainant are career interruptions, effect on society, physiological and psychological effects and morale problems. The officer who is suspected to be harassing may also experience career interruption, effect on society such as social isolation, damaged relationship with family or spouse and if it is a false complaint, the officer who is suspected to be harassing may be affected psychologically. Besides that, the negative impacts on the organization are lower productivity, loss of motivation and commitment of work, an individual may leave their job – therefore increase operational cost and definitely sexual harassment will affect the organization’s image.
Additional info
Prevention of Sexual Harassment
The most effective weapon against sexual harassment is prevention. Harassment does not disappear on its own. In fact, it is more likely that when the problem is not addressed, the harassment will worsen and become more difficult to remedy as time goes on.
Employer Responsibilities
The burden of preventing sexual harassment rests on the employer. In the United States, Canada and in some European Union Member States, employers are responsible for providing their employees with a work environment that does not discriminate and is free of harassment. Employers are, therefore, required by law to take steps to prevent and deal with harassment in the workplace. If the employer has not taken all reasonable steps to prevent and deal with harassment in the workplace, the employer may be liable for any harassment which does occur, even if unaware that the harassment was taking place. The United States, in particular, has a well- articulated standard of employer liability for sexual harassment committed by an employee.
Most successful preventive strategies and plans on sexual harassment require the involvement of all those concerned and a clear statement of intent. The statement of intent should reflect a real commitment from all parties concerned to recognize the importance of the fight against sexual harassment in the workplace. This is usually accompanied by the establishment of a written policy. Anti-harassment policies explain what harassment is, tell all employees that harassment will not be tolerated, and set out how employers and employees should respond to incidents of harassment. Anti-harassment policies should also set forth a detailed mechanism by which employees can make complaints when sexual harassment occurs.
Having an anti-harassment policy does not mean that there will be no harassment complaints. However, having an effective policy and procedures, coupled with anti-harassment training for all staff, will assist in preventing harassment and support individuals who are being harassed to come forward and ensure that the problem is addressed quickly and effectively. In the United States, courts have held that an employer who responds quickly and effectively to a complaint by taking steps to remedy the situation and prevent future harassment will not be liable to the same extent, if at all, as an employer who fails to adopt such steps.
Below are some measures that employers can take in order to create a harassment-free workplace.
• Make it clear that this is a workplace where harassment will not be tolerated.
• Provide education and information about harassment to all staff on a regular basis. The circulation of information, open communication and guidance is of particular importance in removing the taboo of silence which often surrounds cases of sexual harassment. Information sessions, personnel meetings, office meetings, group discussion and problem-solving groups can prove very effective in this respect. Staff should also be informed of the best way of coping with aggression by means of guidelines and staff development programs on sexual harassment at work.
• Develop an anti-harassment policy together with employees, managers, and union representatives. Communicate the policy to all employees.
• Make sure that all managers and supervisors understand their responsibility to provide a harassment-free work environment.
• Ensure that all employees understand the policy and procedures for dealing with harassment. New and long-term employees alike. This involves training, information and education.
• Promptly investigate and deal with all complaints of harassment.
• Appropriately discipline employees who harass other employees.
• Provide protection and support for the employees who feel they are being harassed.
• Take action to eliminate discriminatory jokes, posters, graffiti, e-mails and photos at the work site.
• Monitor and revise the policy and education or information programs on a regular basis to ensure that it is still effective for your workplace.
Employers should provide a mechanism for addressing sexual harassment in a confidential and sensitive manner after a grievance has been filed. A well-constructed and well-implemented plan within an organization may stop inappropriate conduct before it creates a problem for individual employees or the company.
Employee Responsibilities
In addition to the employer’s responsibility to provide a non-discriminatory and non-violent workplace atmosphere, employees must also assume an active role in the prevention of sexual harassment. Employees should commit to do the following:
• Understand
Obtain and become familiar with the organization’s policy on sexual harassment. Examine one’s feelings, attitudes, and behaviors in relation to sexual harassment. The employees also should see that behavior corresponds with the expectations and behavioral requirements of the organization’s sexual harassment policy.
• Observe
Be aware and conscious of engaging in potential sexual-harassment behaviors or incidents at work, be sensitive to individuals who may be offended by the verbal and non-verbal behavior of others. They also need to be aware of subtle forms of sexual harassment. Watch for and discourage sexual behaviors that negatively affect work.
• Examine
Employees must pay attention to the response of others in order to avoid unintentional offense. Do not assume that employees or co-workers enjoy or want to hear risqué jokes or sexually oriented comments about their appearance, or be touched, stared at, flirted with, or propositioned for dates or sexual favors. Ask yourself if your verbal or non-verbal behaviors might have a negative impact on other co-workers’ attitudes toward work, examine your behaviors, gestures, and comments. Ask yourself, “Could I unknowingly be encouraging sexual interplay by the way I interact or communicate?”
Do not take sexual harassment lightly. If the employee thinks that he or she being sexually harassed by an individual or a group, do not accept it as a joke. Do not encourage the harasser by smiling, laughing at his or her jokes, or flirting back. Let the harasser know that he or she does not enjoy and do not want this type of attention.
• Confront
If possible, confront the sexual harasser immediately. Tell him or her that you find that type of attention offensive. Do tell the harasser that the behavior affects you negatively and has the potential of negatively affecting your job. Also tell the harasser what behaviors (gestures, physical or verbal) behaviors you find offensive.
• Resolve
Seek confidential advice to develop your personal resolution strategy, consider writing a letter to the harasser and keep a copy for yourself. Document all the incidents of sexual harassment. Be detailed, precise about date, time, location, and person or persons involved.
• Support
If you know someone who is being harassed, give him or her support. Encourage the recipient to talk about it and to take immediate action to stop it. If you actually see or hear an incident of sexual harassment or are subjected to an offensive environment, you can also take the appropriate steps to resolve the harassment or co-file with the complainant. When a recipient files a complaint, if possible, support him or her throughout the complaint process.
Prevention of sexual harassment in the workplace requires training programs for both employers and employees, which concretely address such topics as the national laws that prohibit sexual harassment, creating workplace polices and steps that individuals can take.
Remedies for Illegal Conduct
Legal remedies for sexual harassment vary from country to country according to the form of legal protection available to victims of harassment (for example, whether sexual harassment is addressed through laws prohibiting discrimination, through labor laws, criminal laws or civil laws (tort laws). All countries that prohibit sexual harassment, however, have complaint mechanisms, separate from internal reporting processes, which allow victims to seek a legal remedy. In countries that have laws specifically prohibiting sexual harassment as a form of discrimination, the purpose of the legislation is to prevent the conduct and where it has not been prevented, to remedy the consequences of discrimination.
The purpose of a remedy is to, as far as possible, put the person in the place he or she would have been if the discrimination had not existed. When discrimination was a significant factor in the case, the victim is generally entitled to compensation for the consequences of the discriminatory action. Depending on the severity of sexual harassment complaints and findings of the investigator, remedial actions for sexual harassment may include the following.
Where the person lost an employment opportunity:
• hiring the person for the job or opportunity lost;
• providing the person with the opportunity which was missed to the extent possible;
• providing financial compensation for the lost opportunity.
Where the person has lost wages:
Lost wages may be awarded if the harassment was a significant factor affecting the employer’s decision to terminate employment or the victim’s decision to quit. In this case, compensation would be for:
• all or part of the lost wages or salary;
• lost pension or other benefits;
• lost raises, overtime, shift bonuses, or higher rates of pay which should have been earned by promotion, etc.;
• any lost wages or benefits which can reasonably be linked to the act of sexual harassment.
Expenses:
As a general rule, all expenses attributable to the enforcement of the person’s rights are recoverable. Examples of such expenses include:
• medical expenses, such as psychological care
• travel expenses for attending physician
• preparation of reports and costs of experts’ attendance at a tribunal
• travel costs to attend hearing
• wages and/or tips lost as result of attendance at hearing
• in exceptional circumstances, compensation for future costs which are reasonably likely to be incurred, such as future psychological counseling
Compensation for injury to dignity, feelings, or self-respect:
Victims of harassment often feel hurt, humiliated, and degraded. The more intimate and personal the nature of the harassment, the more injury to emotional well-being would be expected. Some of the factors which are considered in determining the amount of compensation for injury to feelings in a complaint of harassment include:
• the nature of the harassment; e.g. was it verbal or physical
• degree of aggressiveness/physical contact of the harassment
• ongoing nature; the duration of the harassment
• frequency of the harassment
• vulnerability of the victim
• the psychological impact of the harassment on the victim
Conclusion
Developing effective means of addressing the issue of sexual harassment in the workplace is becoming an increasingly important concern for organization in all parts of the world. Apart from the need to comply with legislative requirements, failure to adequately address the issue of sexual harassment can have very significant negative consequences for a company’s image and its employees’ loyalty and productivity.
Combating sexual harassment means putting together a policy and procedure that works, a task that is not easy because of the uniqueness of the phenomenon. But it is not possible because organizations that are serious about sexual harassment are reporting great success in rooting it out through effective and comprehensive programs. All level of workforce has to play their vital roles for ensuring the success of any prevention program as well as continues educational program such as awareness, informing the consequences of sexual harassment and the rights of employees.
References
Fitzgerald, L.F., Drasgow, F., Hulin, C.L., Gelfand, M.J. & Magley, V.J., Antecedents and consequences of sexual harassment in organizations: A test of an integrated model
O’Donohue, W. (1997). Sexual harassment: Theory, research, and treatment. United States of America: Allyn and Bacon.
The Code of Practice and Eradication of Sexual Harassment
Willness, C., Steel, P., & Lee, K. (2007). A meta-analysis of the antecedents and consequences of workplace sexual harassment. Personnel Psychology, 60(1), 127-162.