Dealing with sexual harassment in the workplace

By My Persson

So you think you have heard everything there is to know about sexual harassment; that it’s 2009 and yesterday’s news; that it might possibly happen in other workplaces, where people are less enlightened or aware perhaps, but hardly true among you and your staff?

According to a recent American study, the simple facts ,though, are that 30-50% of female employees have experienced some form of sexual harassment in their work life, and, according to the same study, about 10% of male employees have been in the same position. Furthermore, in a Japanese study from 2007, as many as 59% of the women had experienced some form of sexual harassment.

Sexual harassment is a violation of the individual’s rights, personal integrity and autonomy. It affects not only the individual concerned, but also the entire organization. Working in an environment that allows this offensive behavior is not doing any good for the staff or the company itself.

The anxiety and stress produced by sexual harassment may often lead to employees taking time off work due to sickness. It reduces morale and makes people less efficient at work. Many employees, especially women, see no other alternative than to leave their job to seek work elsewhere. So there are real financial consequences to this even if you are not convinced by the moral arguments.

A wise manager knows the importance of creating an atmosphere of mutual understanding and respect. He or she knows that it can provide tremendous benefits of improved creativity, morale and teamwork, and that employees that are happy and content work better, and harder. Allowing sexual harassment to take place at your workplace will eventually have a negative effect on the productivity.

What is sexual harassment then, and how can you identify it? Harassment is unwelcome behavior that makes the other person (or people) feel uncomfortable. It makes no difference whether it’s intentional or not, since it is the victim or subject of these unwanted attentions, that judges if the conduct is offensive and unwelcome or not. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct (i.e. direct and indirect harassment). Furthermore, the victim, as well as the harasser may be male or female and the victim does not have to be of the “opposite” sex.

What often springs to mind when talking about sexual harassment is the verbal or physical conduct of a “sexual nature” such as comments on someone’s looks, touching and groping, requests for sexual favors in exchange for rewards or threats of firing and so on. What people tend to miss, however, is that the definition of “sexual” in “sexual harassment” means both “sexual” and “sex” as in “gender.”

Gender-related sexual harassment occurs much more often and is more difficult to detect. Simply put, it is when you are being persistently treated differently based solely on whether you are a man or a woman. It may involve more subtle actions such as insinuations, stereotypical comments about women and men, failure to share information, excluding people from meetings, interrupting people when they speak, to mention but a few examples.

Here is an example one of my acquaintances told me about: Claire was the only woman at a managerial position at a large international corporation in Tokyo. She told me how her male boss refused to acknowledge her presence. For instance, he never looked directly at her, or greeted her in the corridor. In fact, he hardly ever spoke to her. On rare occasions, when he needed to communicate with her, he sent his assistant to convey information or collect something from her. To top it off, meetings about tasks she was in charge of were held without her knowledge and presence, making it almost impossible for her to do her job! Eventually, when she could not change the situation (despite several attempts) she left and found a job with the key competitor! – Talk about a complete waste of human capital.

The only way to truly deal with sexual harassment is by prevention. Here are a few basic recommendations for managers and HR professionals:

1. Management sets the “tone” for the whole organization. Be very clear in stating that no kind of discriminatory behavior will be tolerated in your organization; you set the standard: you need to be a role model. Inform others about the consequences. Follow through on any policy taken. It is your responsibility to ensure the well being of your employees.

2. Address the problem when it happens. It will not blow over by itself but most likely get worse if you ignore it.

3. Spend time talking to your employees. Get a sense of what is going on in the office, get to know your people, listen to them. Communication is key.

4. It is absolutely essential to have a clear and well thought out policy for gender equality and how to deal with sexual harassment. Be sure that it contains concrete measures and goals that you can evaluate, that you can measure. Also, make sure that it’s created by someone who actually knows the topic well (bring in a sexual harassment expert if you need to). Don’t forget to implement the policy, or to follow up during the year, otherwise it’s of no use.

5. Ensure individuals know whom to turn to if something occurs. Be clear about who the responsible person for dealing with complaints is. Also, have several contact persons: the boss, of course, but also members of staff who are trusted by others at the office (preferably both a man and a woman). HR can play a really important role in supporting this.

6. Establish what will happen if someone makes a complaint. What measures will be taken? It is important to have a strategy for how to handle complaints, that this well known among the employees. Be sure to act fast and follow through on your policy. Don’t be afraid to talk to the people involved. Get outside help if you are inexperienced in dealing with sexual harassment. Your HR department may be able to help with this.

7. Invest time and expense in diversity training and awareness about sexual harassment. Many types of harassment and discrimination spring from ignorance and can be easily resolved.

Sexual harassment is an organizational and structural problem, not simply an individual problem. It is generally believed that removing the offender from his or her position will resolve the situation, when the problem usually lies within the organization itself. To avoid sexual harassment you must create an organization that ensures that the working conditions are suitable for both women and men. By doing this, the whole organization will benefit from more creative and productive co-workers and employees.

My Persson is a gender equality consultant specializing in sexual harassment and gender equality at the workplace. She has a degree in gender studies from Uppsala University, Sweden. She is also an associate speaker at TELL (Tokyo English Life Line) and runs programs within the business community of Tokyo on sexual harassment.

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Latest 15 of 38 Total Comments Show All

Azrael at 02:55 AM JST - 5th April

LFRAgain, please do illustrate us about the legal terminology in Japan to allude to both terms in both Japanese and their official translation to English, and if both terms exist in Japan at the present. Thank you.
SiouxGirl at 03:41 AM JST - 5th April

Thing is, if my manager/supervisor is a good looking guy with a nice physique, it wouldn't be sexual harassment. It would be flirting. One more element that brings SH down to mere flirting - if he's rich. I've been related to women, friends with women and have worked with women for a long time. Only about 1 in 30 thinks differently than this. Whether she takes it to the next level depends on ambition, character and/or intelligence. A smart woman will work him. You know what I mean. One of our comedians in the U.S. said, "If he's old and ugly - call the police!"
isthistheend at 06:04 AM JST - 5th April

Sexual harrassment and prejudice do not exist in this country. Just ask anyone, they'll tell you.
tigerguy at 06:09 AM JST - 5th April

What annoys me more than anything are the difficult people one has to work with. I have to work with a rude, unprofessional, pushy, stubborn and bitchy Japanese lady. I hope she quits and or gets fired!!
LuminousArc at 07:21 AM JST - 5th April
Wow. If people actually believed this stuff, there wouldn't be offices to work at anymore. I don't know if this writer just doesn't have a good enough grasp of English to be writing this article, but this is flat out horrible:

"What is sexual harassment then, and how can you identify it? Harassment is unwelcome behavior that makes the other person (or people) feel uncomfortable. It makes no difference whether it’s intentional or not, since it is the victim or subject of these unwanted attentions, that judges if the conduct is offensive and unwelcome or not."

Absolute rubbish. Let's get an ACTUAL definition from the National Women's Law Center:

"Sexual harassment is unwelcome behavior that happens to workers because of their sex. Frequently, the fact that it's sexual is a clear sign that, but for her (or his) sex, a worker would not have been targeted.

It includes:
```
* Unwelcome sexual advances 
* Requests for sexual favors, or  
* Verbal or physical conduct of a sexual nature 

 When:

* Submission to or rejection of such conduct is used as the basis for employment decisions or is made a condition of employment (quid pro quo  harassment, or harassment resulting in a tangible employment action), or  
* Such conduct is sufficiently severe or pervasive that it creates an intimidating, hostile, or offensive work environment (hostile environment  harassment). 
```
Sexual harassment may or may not involve any physical contact, and words alone may be enough to constitute either type of harassment."

Notice how every single instance of what sexual harassment constitutes explicitly includes the word "sexual".

And for Azrael who just doesn't seem like accepting what is patently the truth, here's the same breakdown of what constitutes sexual harassment translated from Japanese law:

"What is Sexual Harrassment?

Sexual harassment is where by words or actions another party is made to feel sexual dislike or disgrace and in many cases becomes a problem in the place of employment or in business relations. In most cases this involves words or actions by a male against a female.

There are criminal laws against some of this activity, depending on what happens and the seriousness of the offense, such as indecency (Criminal Code Article 176), extortion (Criminal Code Article 223), or defamation (Criminal Code Article 230) and there are also laws against stalking...

VARIETIES OF SEXUAL HARASSMENT

---Male employees show nude pictures on computers to female employees they do not like ---Re-employed female workers are pressured for sexual relations from the company president and if they refuse, they are fired. ---Male managers during work hours feel out female employee body parts. ---Female employees are invited out on dates by superiors, forcing the females to take long leaves from the company."

Both the National Women's Law Center and Japanese code of law make a distinct point of separating discrimination from harassment, probably because they're two entirely different things.

This completely undermines the author's other completely absurd contention that:

"What people tend to miss, however, is that the definition of 'sexual' in 'sexual harassment' means both 'sexual' and 'sex' as in 'gender.'"

It absolutely, unequivocally, and inarguably DOES NOT. It means sexual, as in SEXUAL, and THAT IS IT.

There's a whole different set of laws and regulations for gender discrimination, which LFRAgain has pointed out. It's absolutely absurd to me that someone would think to lump the two things together. Claire is absolutely NOT sexually harassed in the example mentioned above. She's a victim of discrimination and sexism. It's a horrible thing to do, it's a horrible waste of human capital. It is absolutely NOT sexual harassment.

This is a very poorly written article. If the author wants their point to actually get across, they shouldn't have massive incorrect oversights like this in the terminology department.
LFRAgain at 10:44 AM JST - 5th April

Azrael,

While you're at it, why not just throw workplace bullying into your definition of sexual harassment? After all, both the perpetrator and the recipient possess genitals, right? Both are the byproduct of a sexual union, right? Viola! Bullying is sexual harassment.

I apologize for not being naive enough to fall for yours and Persson's juvenile - yes, childish - rationale, but don't get snarky with me just because I won't swoon in agreement that "sexual" means "gender" just because the letter arrangement s-e-x happens to bear a spelling relationship to both procreation and the physical characteristics of gender differentiation.

Go ahead: Look up the various definitions for the word "sex," and come back and tell everyone here how they all mean "pretty much the same thing." Please, enlighten us all with your revolutionary twist on semantics that takes the actual definitions that give human language its power and worth and toss them out the window in order to broaden our opportunities to be outraged at perceived slights. Yeah, that really helps things a lot.
Kwaabish at 11:46 AM JST - 5th April

I'd have to agree that the situation given here sounds more like discrimination rather than harrassment...
bdiego at 02:37 PM JST - 5th April

People are rude and inconsiderate to each other all the time. When a man does it to a woman, that alone doesn't make it sexual harassment. That is an assault on the serious issue of sexual harassment itself.

What happened may - depending on further facts - be sexual discrimination. But it is not sexual harassment, and anyone dishonest enough to claim this is simply contributing ignorance to this problem.

If a male manager ignored or sidelined another male manager, this is not sexual harassment. It may be discrimination, it may be a personal grudge, it may even be out of nepotism. It can be of many unfair or even illegal acts, but not sexual harassment.

Stop lying about this.
Yasashihito at 12:23 PM JST - 6th April

There is sexual harassment in Japan. It is everywhere, but if it ain't broke don't fix it.
nurse13 at 06:54 PM JST - 6th April

The article is incorrect on some many levels. Sexual harassment and gender discrimination have unrelated meanings and the author of the article seems to have a difficult time differentiating the two. The example of “sexual harassment” the author cited could be classified as gender discrimination, prejudice, indifference or the innocent act misinterpreted. I guess I shouldn’t be surprised since some previous articles posted included such errors as well.
nurse13 at 07:30 PM JST - 6th April

In addition to LuminousArc’s illustrations, other examples of sexual harassment includes: constantly commenting on or complimenting a female worker on her décolletage or her endowment (breasts, buttocks, etc), nude pictures in the office that is visible to all employees (unless the office is an Adult Entertaintment or AV company), a worker asking a co-worker about his/her endowments, making sexual remarks, an employer requesting/demanding a date with female employee or vice versa, demanding sexual favors for promotion (a BIG NO NO), restricting to provocative dress code for employees (unless adult entertainment actors/actresses which is necessary for their chosen profession) and so on. I’m not sure of Japan’s classification of what would be considered as sexual harassment. The examples listed above are sexual harassment in the U.S. In the U.S., one has to be cautious with their words and actions because they may be presented with sexual harassment lawsuit.
taikan at 09:25 AM JST - 7th April

In the US at least, sexual harassment is a subset of discrimination based on sex (gender). Gender discrimination in the workplace became illegal in the US in 1964 upon passage of the Civil Rights Act. Sexual harassment was not illegal until 1986, when the Supreme Court said that it constituted discrimination based on sex.

Saying or doing things of a sexual nature that offend a co-worker is sexual harassment. Refusing to deal with a co-worker because of gender may be discrimination, but it isn't harassment.
aedfed at 01:06 PM JST - 7th April

At a lot of companies in Canada, the sexual part is left out and it's simply called harassment. It doesn't matter whether you're male or female, so things such as bullying would also be covered.

My complaint about it is summed up quite nicely in these sentences,

Harassment is unwelcome behavior that makes the other person (or people) feel uncomfortable. It makes no difference whether it’s intentional or not, since it is the victim or subject of these unwanted attentions, that judges if the conduct is offensive and unwelcome or not.

At my current workplace a female colleague has expressed discomfort over the fact that a male colleague in the next office changes from street clothes into jogging clothes in his office. His door is closed when he changes, but it bothers her. Using the definition above, he could be disciplined for sexual harassment if she chose to file a complaint.

It doesn't matter whether a sensible person would or would not be offended. It's all to do with the sensibilities of everyone else. When you're in a multicultural workplace the potential for offending someone is unlimited.

Of course, at my last job in Japan, I was on the company "sexual harassment committee" with a man who'd been caught having sex with an underling in his office. Needless to say, we didn't make a lot of progress as a committee.
Psych at 05:02 PM JST - 10th April

What I have heard in the Japanese workforce:

If the girl likes a man and the man makes some comment about her shirt, clothes, etc, she sees it as a compliment.

If the girl does NOT like the man and he says the same (as stated above), she calls it sexual harassment. Surely it isnt wise to say anything to anyone that may hurt them or make them feel uncomfortable, but where can we draw the line?
vivifyJp at 01:11 AM JST - 9th July

Dear Ministry of Labor Team,

For god sake, wake up, and acknowledge the plague of harassment.