2. 20 April 2005ILO Geneva, Katerine Landuyt Sexual Harassment ILO: International perspective on definition, scope, attitudes and effects

3. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Sexual harassment at work  Widespread recognition: Sexual harassment = obstacle to equality of opportunity and treatment between women and men workers. Sexual harassment at work:  violation of human and workers’ rights  form of violence  occupational safety and health risk  unacceptable working condition  form of gender discrimination

4. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Understanding sexual harassment  It is not friendly and mutually welcome behavior, It is unwelcome and unwanted conduct  Perceived provocation does not justify it  Determining factor:  Reaction of the victim  Not intent of the conduct  Silence or lack of complaints does not mean sexual harassment does not occur

5. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Sexual Harassment is:  Not about sex BUT  About power

6. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Defining sexual harassment: Key elements  Conduct/action of a sexual nature, (or other conduct based on sex,) affecting the dignity of women and men, which is  Unwanted, unwelcome or offensive;

7. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Defining sexual harassment Key elements  two types included in definition:  Quid pro Quo (‘this’ for ‘that’ or sexual blackmail)  Hostile work environment  From a ‘reasonable’ victim point of view  Repeated or single incident

8. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Why does someone sexually harass other persons:  To exercise power or authority  To denigrate or to make someone feel unwanted or ridiculous  Because of ignorance, due to lack of understanding on how the behavior makes the recipient feel.

9. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Types of sexual harassment  Physical unwelcome contact:  Repeatedly squeezing a worker’s shoulder and putting a hand around her or his waist  Rubbing or brushing against one’s breast or behind  Exposing of body parts  Superfluous attention  Forced to have unwanted sex (physical assault and rape)

10. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva  Verbal:  Repeated inappropriate remarks about a person’s body parts or looks  Comments or conversations with sexual innuendo  Obscene jokes of sexual nature  Questionable unwelcome compliments or endearments that make the recipient uncomfortable

11. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva  Non-verbal:  Leering and sexually suggestive gesturing  Displaying of pornographic or sexual suggestive pictures of men and women

12. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Extent of sexual harassment  Victims mostly women  Incidence higher than expected  Reported cases: tip of the iceberg  Linked to weak position of women in the labour market

13. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Extent of sexual harassment  Greater incidence among women who are vulnerable:  young, single, widowed, divorced  under precarious employment contracts  migrants, domestic workers in individualized positions  sex-segregation in male- or female-dominated occupations and industries.

14. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Effects of Sexual Harassment Victims Psychological Suffering Humiliation Feelings of betrayal Depression Low self-esteem Powerlessness

15. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Effects of Sexual Harassment Victims Physiological Suffering Headaches High blood pressure Sleep disturbances Gastrointestinal diseases Suicide

16. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Effects of Sexual Harassment Victims Professional losses Loss of job motivation and satisfaction Missing out on training or promotion Resignation or dismissal

17. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Effects of Sexual Harassment on: Enterprises:  Lower productivity because of:  Absenteeism  Loss of valued employees  Turnover of staff  Workplace tension  Cost in terms of payment of damages or fines  Poor image of company Society:  Hinders the achievement of equality  Condones sexual violence  Hinders productivity and development  Danger of transmission of HIV/AIDS virus

18. 20 April 2005ILO Geneva, Katerine Landuyt ILO: International overview of legal measures, policies and implementation mechanisms

19. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva National Law Coverage of Sexual Harassment Acts on sexual harassment Equality or Non-discrimination Acts Labour Law (Labour Codes, Termination of Employment Acts and good industrial relations practices) Criminal Law Personal Injury (Tort) Law Breach of Contract Judicial decision-making

20. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Elements in Law  Nationally accepted definition of sexual harassment (including unwelcome nature of the conduct):  Prohibition of sexual harassment:  quid pro quo (‘this’ for ‘that’)  hostile work environment  Prevention of sexual harassment by requiring employer to take action (e.g. adoption of sexual harassment policy) cont’d.

21. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva  Liability:  employers, supervisors  harasser  Procedures - fair treatment to:  the accused  the victim  Sanctions and remedies  Protection against victimization

22. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Vicarious liability of the employer for acts of employees General principle in some countries: Employers are vicariously liable for (unlawful) acts of their employees unless the employer can show that reasonable steps have been taken to avoid unlawful conduct (adopted policy of no tolerance, enforced policy, provided training)

23. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Other Means of Addressing Sexual Harassment  Workplace Policies and Practical Measures –Preventive and Remedial –Reinforce and Build on legal prohibitions –If effectively implemented, they increase reports and decrease incidence of sexual harassment at work

24. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Other Means of Addressing Sexual Harassment  Collective bargaining provisions: may be voluntary or legally binding: -National -Sector -Enterprise  Codes of Conduct/Policies: usually voluntary, may be combined with legislation: -National -Trade Unions -Enterprise

25. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Key Components of Workplace Policies  Strong statement on organization’s attitude toward sexual harassment  Clearly worded definition of sexual harassment  Clear delineation of responsibilities of management and workers  Detailed procedures for grievance handling

26. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Key Components of Workplace Policies (cont’d)  A communication campaign/strategy  A systematic training strategy  Adequate counselling and referral services

27. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Procedures  Burden of proof  Special procedures to reflect sensitive nature of sexual harassment cases: no press, in- camera hearings, special training of officers, counselling  Confidentiality  Ensure natural justice guarantees to accused  Graduated sanctions in line with severity of the conduct  Other remedies  NO VICTIMIZATION

28. 20 April 2005Katerine Landuyt, NORMES, ILO Geneva Other Practical Measures  Improve safety of work environment (e.g. well-lit work areas, balance of men and women in all levels during all work hours at all workstations)  Make panels rather than individuals responsible for interviews and selections in hiring and promoting  Remove inappropriate materials from the workplace  Display anti-sexual harassment posters  Use monitoring and evaluation mechanisms to review and modify policies