A problem of power relations
A problem of power relations
Emotional stress, humiliation, anxiety, depression, anger, helplessness, fatigue, physical illness …: such are some of the potentially serious effects suffered by victims of sexual harassment. Stress at work, insufficient collaboration and teamwork, poor performance, absenteeism, reduced productivity …: such are some of their effects on the Company.
What is it?
Although the definitions of sexual harassment may differ in some details in the various codes, laws, policies, court decisions and collective agreements, most of these definitions contain the same key elements.
Definition of Sexual Harassment
Conduct of a sexual nature, and any other conduct based on sex affecting the dignity of women and men, that is unwelcome, unreasonable and offensive to the recipient
Where the refusal of a person to that conduct, or submission to it, explicitly or implicitly used as the basis for a decision affecting that person’s work (access to vocational training or employment, continued employment, promotion, salary or any other employment decisions) and
Conduct that creates a work environment intimidating, hostile or humiliating for the recipient So named as a concept in the 1970s in the United States, and punishable by law against discrimination, sexual harassment problem has been gradually coming to light as a phenomenon worldwide recognized and perceived as a problem significant importance.
Sexual harassment is, above all, a manifestation of power relations. Women are much more likely to be victims of sexual harassment precisely because they lack power, positions are more vulnerable and insecure, lack confidence in themselves, or have been educated by the company to suffer in silence. But they also are at risk for such behavior when they are perceived as competitors for power.
Sexual harassment is a form of gender discrimination, both from a legal perspective and in its concept. Although men are also subject to sexual harassment, the reality is that most victims are women. The problem relates to the roles assigned to men and women in social and economic life, in turn, directly or indirectly, affects the situation of women in the labor market. Sexual harassment comes in many forms. One of the most notorious is the so-called quid pro quo harassment, a term that describes the status of the employee forced to choose between access to a sexual demands or lose any benefits it deserves something for their work. Since this task can only be done by someone with the power to give or take a benefit from employment, this harassment, “quid pro quo” is a form of sexual harassment involves an abuse of authority by the employer (or the agent of the employer in which it has delegated its authority to set terms and conditions). Such sexual blackmail is generally considered particularly reprehensible because it involves a violation of trust and abuse of power.
But in any event, the conduct in question must have to be unpleasant or unwanted by the other person. A recent ILO study on sexual harassment criteria maintained in the companies revealed that this is the focus of its policies. This is what differentiates it from a friendly attitude, welcome and mutual. Because the determinant of sexual harassment does not depend on the intention of the person at fault: the person receiving such an attitude that decides whether conduct of a sexual nature is welcome or not.
But … is there really?
The ILO experience shows that even when in a given society there are some who deny the existence of this phenomenon, it is confirmed positively by those who suffer, which means that ignorance does not necessarily mean there will not happen. Moreover, it already has a growing body of empirical research, including case law, which documents the incidence of sexual harassment at work. Studies in recent years in various countries agree in asserting the existence of sexual harassment at work.
What are its consequences?
With respect to employees, the consequences of sexual harassment can be devastating for the victim. In addition to the harmful physical and psychological effects mentioned above, the victim runs the risk of losing their jobs or experiences related to it, such as vocational training, or come to feel that the only possible solution is to renounce all. The sex case leads to frustration, loss of self esteem, absenteeism and reduced productivity.
In relation to the business as well as the negative effects outlined above, sexual harassment may even be the hidden reason that valuable employees leave or lose their jobs when, moreover, had shown a good performance. And if the company allows a climate of tolerance toward sexual harassment could damage their image in the case of victims to complain and disclose their status. Moreover, they are also increasing financial risks, because every day there are more countries where legal action at the request of the victims can easily determine damages and to impose economic sanctions.
The consequences for society as a whole, could be summarized by saying that sexual harassment hinders the achievement of equality, condones sexual violence and has negative effects on business efficiency, productivity and hindering the development ..
What is being done?
In 1985, the International Labour Conference recognized that sexual harassment in the workplace deteriorating working conditions of employees and their prospects for employment and promotion, and advocated the incorporation of measures to combat and prevent policy for progress on equality. Since then, the ILO has stated the sexual harassment as a violation of fundamental rights of workers, declaring that constitutes a health and safety problem, a problem of discrimination, employment status, and an unacceptable form of violence (primarily against women .)
Limit, however, the prohibition of sexual harassment, sexual blackmail practiced only by employers or their agents leaves open some fundamental problems. To begin with, because that is excluding the unacceptable behavior among coworkers. And harassment by a coworker, to create a hostile work environment, can have physical, emotional and psychological as harmful as harassment by a superior. Secondly, if the law limits its definition of sexual harassment, sexual blackmail, the effect is still not is that harassment is considered a crime per se, but under the reaction of the harassed person made losing a promotion, a raise or even your job. This entails, in practice, where a worker may be sexually harassed with impunity provided that their resistance has not given any tangible action against him. ) What has been done, then, to fight it?
At the international level, there is no binding international convention on sexual harassment. However, the relevant supervisory bodies of ILO and United Nations have concluded that it must be understood as a form of sex discrimination. Thus, a Committee of Experts of the ILO has condemned the sexual harassment under the Convention no. 111 on Discrimination (Employment and Occupation, 1958. And the United Nations Committee on the Elimination of Discrimination against Women considered fall within the United Nations Convention on the elimination of all forms of discrimination against women and has adopted its general recommendation no. 19 on violence against women, which defines specifically against this phenomenon. The Organization of American States has adopted a convention on violence against women, which contains similar measures. But the only legal standard adopted so now that this practice is directly prohibited by Article 20 of ILO Convention concerning indigenous and tribal peoples, 1989 (No. 169).
At the national level, a significant number of countries have adopted some legislation on sexual harassment. In many countries, sexual harassment is defined implicitly as an activity that constitutes a violation of laws enacted in connection with something else, such as human rights, unfair dismissal, contract law, contracts, fraudulent or criminal behavior.
Other measures
When substantiate the complaints of sexual harassment, court decisions have underscored the need to respects the rights of the victim and the accused. Many complaints of sexual harassment have not been successful or have been rejected by an inadequate approach to complaints. The civil law, the criminal and worker’s compensation law contain a range of potential remedies for sexual harassment. But we must bear in mind that the main objective of most of the victims of sexual harassment is not to seek damages from their employer, but to get to stop the offensive behavior, which does not occur again and that they are protected from retaliation for filing a complaint.
Policies and practices
ILO studies suggest that policies and practices against sexual harassment should include four main elements: a statement of criteria, a complaint procedure adapted to sexual harassment, respect the confidentiality progressive disciplinary sanctions, a training and communication strategy . The protection against retaliation must also be a key element in any complaints procedure.
Besides legislation, there has also been an increase in references to the issue of codes of conduct, guidance materials, policy statements and public awareness programs. Government agencies, employers’ organizations, NGOs and independent consultants have organized training programs on the subject of sexual harassment. Some countries have used collective bargaining as means of addressing the issue of sexual harassment, and the truth is that it seems an effective way to prevent and prohibit. Some employers’ organizations have advised their members on the existing legislation in this regard and they statements have recommended criteria, training in the subject to their managers and supervisors, establishing channels for complaint and inform all employees. In many countries, unions have published brochures to explain what constitutes sexual harassment and what can be done when you feel a victim of it. Others have launched awareness campaigns, urging its members to report sexual harassment behaviors to works councils or union representatives.
The extent to which these voluntary initiatives with regard to sexual harassment have been assumed by the social partners varies greatly from one country to another and even within the same country. Be seen, however, two notable trends. In the first place, where initiatives have been taken, develops a wide range of agreement between the managements and trade unions, action to tackle sexual harassment is an issue of cooperation rather than conflict in industrial relations. Secondly, there has been a high level of consensus in shaping the overall policies regarding sexual harassment and the measures deemed appropriate to adopt in the field of business.
Although it is essential to have legislation on the subject, to ensure that the workplace is free from sexual harassment laws are not enough. Prevention is the best approach the problem, and that means taking positive steps at the national, business and labor.
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