Sexual Harassment At Work: What It Is, Examples, And What To Do About It
Sexual harassment at work is a form of violence, mostly suffered by women due to structural gender inequality. Despite being a very common type of workplace problem, few dare to report it, so it could well be said that workplace sexual harassment is silent violence.
Next we are going to talk about sexual harassment in the workplace how an act is considered to be this type of harassment and, according to Spanish legislation, how to proceed if you have been a victim of this type of violence.
Sexual harassment at work It is a form of workplace violence, the result of structural inequality between men and women Although it can affect both men and women, with both heterosexual and homosexual sexual harassment, the truth is that the majority of victims are young women harassed by men, usually in a precarious work situation. Within this group of women, factors such as it being their first job, being an immigrant, having a disability, belonging to an ethnic minority or having a temporary contract make harassment occur with a greater incidence.
Sexual harassment at work is a reality, and women are the main victims. It happens in all countries in the world but, to exemplify its severity, we are going to highlight some data from the case of Spain. According to data from the UGT (General Union of Workers) between 2008 and 2015, 2,484 women suffered some type of sexual harassment in their jobs. Only 49 sentences convicted the aggressors. Although these are relatively outdated data, they serve to exemplify the seriousness of the situation and how, despite being so common, many women do not receive justice.
According to what is provided in article 184 of the Spanish Penal Code, we can define sexual harassment at work as any verbal or physical conduct, of a sexual nature, that has the purpose or effect of violating the dignity of the person who suffers it generated in an intimidating, offensive or degrading context.
The sexual harasser in the workplace can be anyone in the victim’s professional circle. Not only can it be a co-worker or your own boss, but it can also be clients or suppliers. Sometimes this sexual harassment is known to the rest of the victim’s work environment, but for various reasons they consciously ignore the situation.
It is important to highlight that sexual harassment at work is not considered gender violence For it to be so, this situation of harassment, harassment, sexualization, violence or any other type of aggression of a sexual nature towards the victim must be perpetrated by a man towards a woman and that the two have had a romantic relationship in the past or that they continue to have it.
Types of sexual harassment at work
Two main forms of sexual harassment at work can be distinguished.
Sexual exchange or blackmail
sexual blackmail It occurs when the harasser tries to condition the victim according to the response he or she gives to his or her sexual advances Depending on whether or not she is willing to satisfy her sexual requests, the harasser insinuates to his victim what beneficial or harmful repercussions she could receive. This type of harassment is usually generated, generally, by a hierarchical superior such as the boss.
Environmental sexual harassment
Environmental sexual harassment refers to the situation in which an intimidating, hostile, unpleasant or humiliating environment is generated for the harassed person In accordance with Spanish law, the Constitutional Court holds that a case will be considered environmental sexual harassment if there are the following three factors:
Examples of workplace sexual harassment
Some common sexual harassment situations are:
It is very important to understand that these situations will be considered sexual harassment at work not only because they have notorious sexual content and occur in the workplace, but mainly when they are harmful to the victim and she indicates so. These situations must be offensive, intimidating, unwanted or that directly or indirectly affect the performance and professional reputation of the victim who receives them
A case of sexual harassment at work does not cease to be such because the victim has not explicitly complained that she does not want to suffer that situation. Despite not wanting the situation to continue or feeling sexually harassed, victims may feel intimidated enough, physically or verbally, to fear negative consequences if they dare to report, including the risk of being fired, having the report turn against you, lose your social and professional reputation or ruin your professional career.
Related article: “What is sexual violence and what consequences can it leave?”
Consequences of sexual harassment at work
Sexual harassment, wherever it occurs, is still a type of violence and as such has a negative impact on the life of those who receive it. In the case of what occurs in the workplace, this It brings with it several psychological consequences both in the victim’s professional and personal life
At work we have:
Lower productivity.
Increased absenteeism from work.
Continued sick leave.
Conflicts in the work environment, both with colleagues and clients.
Somatization of stress: headache, nausea, vomiting, gastrointestinal problems, hypertension and increased propensity to get sick.
Being a victim of sexual harassment at work also worsens the personal relationships of the sufferer with their family and friends.
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What to do if we suffer sexual harassment at work?
If you are experiencing sexual harassment at work or believe that you could be the victim of some type of malicious action, it is advisable to follow the following steps.
The first thing is to talk to the person who is harassing us, and make it very clear what the limits are. At best, the situation may have been a misunderstanding or the other party was misinterpreting our interest in him or her, and by clarifying what you are not willing to tolerate, the problem is resolved at that point.
However, many times this first step does not work. If it is a co-worker who is sexually harassing us, the best thing to do is to talk to our superior, or your superior, depending on who we consider will be the most capable of stopping this situation. If the person harassing us is our boss or the complaint about our situation has not worked, The next step would be to talk to the company committee
In case all of the above steps fail or there is no committee, the next step is to speak with an attorney. It will be this professional who will give us more details of the next legal and administrative steps to take to stop the situation of workplace sexual harassment of which we are being victims and how to make the harasser pay for it.
Next, we talk about the particular case of what is usually done in Spain. The legal means available They are the following.
1. Request the termination of the social relationship
Through social jurisdiction, the termination of the employment relationship is requested (Art. 50 of the Workers’ Statute) We will have:
Unemployment and compensation.
Right to request compensation for damages or moral damages.
2. Establish a lawsuit
A lawsuit is established. A labor inspection can be requested, which implies that An inspector will appear at the company and issue an official report
3. Establish a complaint
Spanish legislation establishes that sexual harassment at work is a crime, therefore it is something that can be reported. Punishable by up to 2 years in prison (Art. 184 of the Penal Code).
Related article: “Clinical and forensic implications of post-traumatic stress”
During the process, in addition to the testimonies of the victim and witnesses, along with the material that may demonstrate the case of sexual harassment, It is necessary to demonstrate that the person who has been the object of harassment suffers psychological problems as a result of this type of violence Much of the material evidence is difficult to obtain since the harassers make sure not to leave a trace, which is a real problem because if not enough evidence is collected, the entire judicial procedure can go nowhere.
To find out if there are psychological consequences for being a victim of sexual harassment at work, a psychological expert must be carried out This is a report issued by a psychologist specializing in judicial and forensic procedures. The psychologist will carry out an empirical and objective analysis of the victim and her work and personal environment, specifying the following aspects in the report:
The work context: position in the company, activities you carry out, people you deal with…
The personal context: age, sex, children, marital status, family responsibilities…
The psychological implications of bullying for the affected person in their daily life
How these consequences affect your professional activity.
To gather all this information, the victim is interviewed, performing the relevant psychological tests. Once all the information is obtained, a detailed report is written on the applicant’s employment and personal situation. This report is considered a very weighty piece of evidence in court, as they serve to scientifically demonstrate that the victim has suffered sexual harassment at work and that this has affected them psychologically.
Conclusions
Harassment of women at work is a reality that affects, above all, women. These types of situations very negatively affect their work performance, mental health and personal relationships, but on many occasions they do not dare to report or activate the procedure to put a stop to the fear and intimidation they have received from their harasser, accompanied by fear. of being fired or receiving retaliation in the workplace.
Despite this fear, the truth is that reporting is the most effective method to stop workplace sexual harassment and ensure that whoever has committed it is penalized for it with up to 2 years in prison if proven and depending on the severity of the harassment. . If you go the legal route, all the means that prove the situation experienced must be gathered, information that will serve to prepare an expert psychological report that will help the victim so that justice can be done.
