Sexual harassment at work

Sexual harassment is a social phenomenon of multiple and different dimensions, denounced by different organizations and institutions and verified by different investigations that have evidenced the existence, extent and severity in the environment labor. The term sexual harassment at work or sexual harassment at work It appeared in the 1970s in the United States and since then, there has been a fight from an equality perspective to eliminate workplace sexual harassment.

In the phenomenon of sexual harassment, it must be taken into account that it is a situation that the victim does not wants, and that as each person determines the behavior that he approves or tolerates, it is therefore a concept subjective. In this complete article on Psychology-Online, you will find everything you need to know about sexual harassment at work.

Index

1. Workplace sexual harassment: definition
2. Sexual harassment at work: statistics
3. Harassment or sexual harassment concept
4. Sexual harassment at work in the criminal code
5. Workplace harassment based on gender
6. Types of sexual harassment at work
7. Psychological profile of the sexual harasser
8. Consequences of sexual harassment at work
9. Prevention and intervention of workplace sexual harassment
10. Assessment of sexual harassment at work

Although it has been pointed out that in some cases of workplace harassment there may also be behaviors that could be part of sexual harassment, it is convenient to distinguish between the two. This difference is based on the fact that sexual harassment behaviors revolve around sex, and in which the victim of sexual harassment perceives the harassment behaviors is immediate, while the victims of workplace harassment take time to perceive the harassing behaviors.

Both have common characteristics such as the situation of humiliation and an attack on the dignity that people suffer in both situations, but sexual harassment It is specific for the purpose of the harasser's conduct and for the type of conduct. The workplace harasser has also been pointed out, unlike the sexual harasser, he always maintains the internal conviction of not having done anything wrong, even After the conviction, however, the sexual harasser ends up recognizing that he has carried out inappropriate behavior (Gimeno Lahoz, 2004^[1]).

Is workplace harassment gender violence?

Indeed, it is one more form of violence that constitutes a form of intolerable behavior that violates the fundamental rights of the person, with a sufficiently important social repercussion, since the victims, although there are cases in both sexes, in the vast majority are women. And it could be enhanced by a precarious employment situation (INSHT, 1999^[2]).

All this affects working conditions, as an increasingly serious problem for companies. On sexual harassment, and especially its victimsThere is a general belief, which can be classified as a myth, that it is related to the canons of beauty; However, the problem of sexual harassment has to do, rather, with power relations (INSHT, 2001^[3]).

The frequency of sexual harassment It is repeated, therefore it is not about isolated behaviors. Sexual harassment in organizations is favored by organizational aspects such as the sexualization of the work environment, the proportion of men-women, the type of tasks they perform, sexual discrimination, the work environment or the valuation of work (Llaneza Álvarez, 2002^[4]).

On the other hand, the Workers' Statute provides in its article 4.2 e, that in the relation of the work, workers have the right to respect for their privacy and to the consideration due to their dignity. This includes protection against verbal and physical offenses of a sexual nature.

Sexual harassment can be suffered by both men and women. However, perhaps the woman is the main victim because in the working market their situation is more one of hierarchical subordination or unstable in employment. Sexual harassment primarily affects young, low-income women, not educated professional, who have been besieged for a long time and only decide to report the fact, as last resource.

The Third European Survey on Working Conditions (2000) carried out by the European Foundation for the Improvement of the Living and Working Conditions, indicated that sexual harassment is not a sporadic phenomenon, since 3% of women were victims of sexual harassment in the past year to the completion of said survey. If one takes into account that this percentage represents a figure of two million women, the problem takes on a dimension of great magnitude. Women in precarious jobs are more often victims of sexual harassment.

With respect to men, the percentage that indicates having been a victim of sexual harassment is much lower than that of women. In Spain, the survey of the year 2000, by the Secretariat for Women of Workers' Commissions indicates that 14.5% of workers have experienced a situation of sexual harassment throughout their working lives.

Workplace harassment towards women in Spain and Europe

The Fourth European Survey on Working Conditions (2007^[5]) points out that sexual harassment affects women workers three times more than workers.

Also Czech workers with 10%, Norwegian with 7%, and Croatian and Turkish with 6% are the more sexually harassed, while Italian and Spanish workers have a rate of less than 1%. In addition, the group most at risk are women under 30 years of age. A study conducted by the Institute for Women (2007) shows that 14.9% of working women in Spain have suffered some situation of sexual harassment in the last year, being the most affected, women under 34 years old, single, from non-EU countries and qualified. By sectors, medium or large-sized work centers in construction and industry are those that reflect the highest percentage in terms of sexual harassment.

In relation to the attitude of the company, a scarce 8.3% of the women who have declared suffering sexual harassment consider that the company's actions could be qualified as adequate. Brooks and Perot (1991) reported that 88% of university women reported having witnessed sexual harassment, but only 5.6% admitted having suffered.

The Dictionary of the Royal Academy of the Language defines sexual harassment as "the one whose object is to obtain sexual favors from a person when the person who performs it abuses his or her position of superiority over the person who suffers it".

According to the ILO (1995; 1997), for there to be sexual harassment, three elements:

• a behavior of sexual character
• what not be desired
• that the victim perceives it as a hostile conditioning factor for your work, turning it into something humiliating

Sexual harassment is any type of approach or pressure of a sexual nature, both physical and verbal, unwanted by the person who suffers it, that arises from the relationship of employment and which results in a hostile work environment, an impediment to doing tasks and a conditioning of the person's employment opportunities persecuted.

The following can be set levels of behaviors:

• Mild harassment: jokes, compliments, conversations with sexual content.
• Moderate harassment: stares, lewd gestures, grimaces.
• Medium harassment: phone calls and letters, pressure to leave or invitations with sexual intent.
• Strong harassment: groping, holding or cornering.
• Very strong harassment: blackmail or both physical and mental pressure to have intimate contacts.

Sexual harassment includes:

• Physical behaviors sexual in nature that can range from unnecessary touching, 'patting', 'pinching', rubbing with the body, to attempted rape and coercion for sexual intercourse.
• Verbal behavior sexual in nature such as annoying sexual advances, propositions, offensive flirtations, obscene comments and innuendo.
• Non-verbal behavior of a sexual nature such as displaying photos of sexual or pornographic content or written materials of a sexual nature or looking with impudent gestures.

Sexist harassment cases

Thus, the sexual harassment cases that are usually described are:

• That a partner gets too close or invades the physical space repeatedly.
• That some superior or colleague pressures to maintain relationships or go out together.
• That some superior has hinted at job improvements in exchange for sexual favors.
• Who have suffered sexual assault or assault by someone from work
• Who suffer unwanted friction or touching by clients, colleagues or bosses.

The recommendation of the European Community of November 27, 1991, regarding the dignity of women and men at work addresses sexual harassment with the following definition:

"Conduct of a sexual nature or other sex-based behaviors that affect the dignity of women and men in the work, including the conduct of superiors and colleagues, is unacceptable if such conduct is unwanted, unreasonable and offensive for the person who is the object of the same, the refusal or the submission of a person to said conduct by businessmen or workers (including superiors and colleagues) is used explicitly or implicitly as the basis for a decision that has an effect on that person's access to vocational training and employment, on the continuation of the The same, salary or any other decisions related to employment and / or such conduct creates an intimidating, hostile and humiliating work environment for the person who is the subject of the herself; and that such conduct may, in certain circumstances, be contrary to the principle of equal treatment".

Sexual harassment at work has also been defined as all verbal or physical conduct, sexual in nature, developed within the scope of the organization and management of a company, or in relation to or as a consequence of an employment relationship, carried out by a subject who knows or should know that it is offensive and unwanted by the victim, determining a situation that affects employment and working conditions, and / or creating an offensive, hostile, intimidating or humiliating work environment (Unión Sindical de Madrid-Región de CCOO, 2003).

Even Directive 2002/73 / EC defines sexual harassment as the situation in which any unwanted verbal, non-verbal or physical behavior of a sexual nature occurs with the purpose or effect of undermining the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive.

Sexual harassment in Europe

The 1991 Code of Practice on measures to combat sexual harassment, which was adopted by the Commission of the European Communities, provides for the conduct sexual in a broad sense, pointing out that behaviors of a sexual nature include verbal, non-verbal or physical behaviors annoying.

• The verbal conduct of a sexual nature may include unwelcome sexual advances, propositions, or pressure for sexual activity; insistence on social activity outside the workplace after it has been made clear that insistence is annoying, offensive flirtations; Suggestive comments, indirect comments, or obscene comments.
• In the nonverbal conduct of a sexual nature The exhibition of sexually suggestive or pornographic photos, objects or written materials, immodest looks, whistling or making certain gestures would be included. Organic Law 3/2007, of March 22, for the effective equality of women and men, in the title I, Article 7, says that sexual harassment and harassment on the grounds of sex.
• Any behavior, verbal or physicalOf a sexual nature that has the purpose or produces the effect of undermining the dignity of a person, in particular when an intimidating, degrading or offensive environment is created; and that constitutes harassment on grounds of sex any behavior carried out based on the sex of a person, with the purpose or effect of undermining her dignity and creating an intimidating, degrading or offensive.

One of the problematic aspects of sexual harassment resides in those cases in which the unwanted conduct does not lead to a violent action of the first type, but rather They consist of insinuations, proposals, verbal manifestations that also violate the affected worker, but that does so more from a psychic than physical perspective, since that the violent actions they have a clear criminal coverage.

It is up to each person to determine the behavior that he approves or tolerates, which makes it impossible to make a list of degrading behaviors. Therefore, the determination of what behaviors are or are not annoying is something that depends on the receiver of the behaviors, being at this point irrelevant the intention of the issuer of the behaviors. Therefore, sexual harassment consists of action imposed without reciprocity, unexpected and not well received, frequent and repetitive that can have a devastating effect on the victim.

May include touching, innuendo, glances, shocking attitudes, jokes with offensive language, allusions to life private and personal, references to sexual orientation, innuendo with sexual connotation, allusions to the figure and the clothes, etc. Ultimately, it is about unexpected behavior sexual in nature or other conduct based on sex that affects the dignity of the person. It includes verbal or non-verbal, physical and unwanted behavior. There is a range of behaviors that can constitute sexual harassment. That behavior must be unexpected unreasonable, unacceptable and offensive to the recipient. Said recipient is usually female, which is why workplace harassment usually occurs in women by men.

Two forms or types of sexual harassment at work must be distinguished:

Quid pro quo harassment also known as sexual blackmail or exchange harassment (this in exchange for that), carried out by a superior, and that can negatively affect the work.

Blackmail or sexual harassment at work

In this type of harassment, what is produced is strictly blackmail that forces a worker to choose between submitting to sexual requirements or seeing certain benefits or conditions of the job. It's about a authority abuse, because it involves threats from a higher charge of negative consequences (dismissal, not contract renewal, worse working conditions, etc.) if the type requirements are not accepted sexual. In other words, it consists of abuse from a position of power to achieve sexual benefits.

The response to harassment serves as the basis, implicitly or explicitly, for decisions related to the access of said person to the vocational training or employment, the continuity of the employment contract, professional promotion, salary increase, etc. (González de Rivera, 2002).

Environmental sexual harassment (hostile environment harassment)

The European Commission Recommendation refers to conduct that creates a humiliating, hostile or threatening work environment for the harassed (INSHT, 2001c). In other words, environmental sexual harassment is generated when a hostile and sexual work climate, severe and intense enough to alter the worker's working conditions and create an abusive work environment.

In this type of harassment, the defining thing is the development of behavior of a sexual nature of any kind (persistent and serious jokes of a sexual nature, rude allusions or comments about the worker's intimate life, requirements for workers to wear sexually suggestive clothing, etc.), which generates a negative work context - intimidating, hostile, offensive, humiliating - for the worker, which has the consequence that the worker cannot develop their labor provision in an adequate environment, since he is subjected to a type of pressure for sexual behaviors at work that ends up creating a situation intolerable work.

On many occasions, this inappropriate work environment can be accepted as a custom or a normal situation in our culture. A study on sexual harassment in Spain published by Comisiones Obreras in November 2000 reveals that sexual harassment is can produce among people of the entire job ladder, both among professionals and among workers with less qualification. Also, sexual harassment is ageless. It can affect a twenty-year-old girl equally as a forty-year-old worker.

In the Spanish Penal Code, the harasser is defined as' the one who requests favors of a sexual nature, for himself or for a third party, within the scope of an employment relationship, teaching or service provision, continuous or habitual, and with such behavior causes the victim an objective and seriously intimidating, hostile or humiliating'.

In relation to the profile of the stalker, the data indicate that it is usually a intermediate control, married man or with a stable partner and with children, with childish character and capricious, cold, macho and with little empathy.

The victim profile It is not clearly defined, it depends on the person and their employment situation. In the aforementioned study, it is observed that some women are more vulnerable than others. Almost thirty percent of the incidents have involved female workers without a contract. Therefore, it could be deduced that job insecurity is a risk factor. Another significant piece of information is that forty percent of the victims are separated or divorced. Apparently, having a stable partner generates a certain respect that inhibits colleagues.

Although the impact of sexual harassment on a person is moderated by their vulnerability, there is no doubt that it negatively affects both the worker and the production process, since it generates:

• Absenteeism
• Sick leave
• Lower productivity
• Decrease in the quantity and quality of work
• Less motivation for work

Symptoms associated with stress are also manifested, such as states of anxiety and depression, feelings of despair and helplessness, of impotence, anger, aversion, of undervaluation, of low self-esteem, as well as sleep disorders, headache, gastrointestinal problems, nausea, hypertension, ulcers, etc.

Although the consequences of sexual harassment fundamentally affect the person against whom it is exercised harassment also has a negative impact on workers who may be witnesses or know the trouble.

The most effective way to deal with sexual harassment is to develop and implement a corporate policy. The measures that the European Commission proposes to deal with sexual harassment are the following (INSHT, 2001):

• There must be a declaration of principles of entrepreneurs in the sense of showing their involvement and commitment in the eradication of harassment, in which sexual harassment is prohibited, and the right of all workers is defended to be treated with dignity, stating that harassment behaviors will neither be allowed nor forgiven and the workers' right to complaint will be made explicit when occur.
• It will be explained what is meant by inappropriate behavior and it will be made clear that superiors have a duty to implement the policy against sexual harassment. The statement must explain the procedure to be followed by victims, ensuring seriousness, confidentiality and protection against possible reprisals.
• The possible adoption of disciplinary measures. The organization of the company must ensure that the policy of non-harassment is communicated to the workers and that they know that they have a right to complaint for which there is a firm commitment not to tolerate harassing behavior sexual.
• The responsibility to ensure a respectful work environment it belongs to all workers, recommending that managers take measures to promote the policy of no sexual harassment. General training should be provided for managers and managers.
• Those who are assigned specific tasks in the area of ​​sexual harassment will be given a special training to successfully carry out their functions (legal information on the matter, social skills to handle conflicts, etc.).
• Must exist both formal and informal procedures. Informal procedures seek to solve the situation through direct confrontation between the parties or through an intermediary; Formal procedures seek an investigation of the matter and the final imposition of sanctions if the existence of harassment is confirmed.
• Must be encourage problem solving informally.
• It is advisable to go to the formal procedure when the informal one does not work or is inappropriate to solve the problem.
• It is recommended that a person be appointed to be trained to offer advice and assistance and participate in problem solving, both in the formal procedures and in the informal; acceptance of such functions must be voluntary and union representatives and workers must agree.
• The complaint procedure it must provide workers with the assurance that their complaints and allegations will be treated seriously.
• The investigations carried out must be independent and objective; Investigators must not have any connection to the parties.
• Its convenient that disciplinary rules clearly state the conduct of sexual harassment and the corresponding sanctions.
• The inclusion of an article referring to sexual harassment in the Collective Bargaining Agreement of the company's workers is recommended.
• It is convenient to make inquiries through the different trade union centrals or support groups, as they usually have victim support systems in place.

To carry out the evaluation, it will be necessary to carry out semi-structured interviews both with the worker victim of harassment and with the colleagues, with exploratory techniques, active listening, which allows clarification, rationalization and reformulation and confrontation.

It is also convenient to carry out:

• The socio-occupational anamnesis and affiliation data (sex, age, seniority in the company and previous companies).
• The analysis of psychosocial conditions of the job.
• The chronological description of the relevant facts for the current situation.
• Personal coping resources.
• The assessment of consequences for the worker who is a victim of sexual harassment at work (personal, work, family and social).

This article is merely informative, in Psychology-Online we do not have the power to make a diagnosis or recommend a treatment. We invite you to go to a psychologist to treat your particular case.

If you want to read more articles similar to Sexual harassment at work, we recommend that you enter our category of Management and business organization.

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5. Parent-Thirion, A., Fernández, E., Hurley, J., & Vermeylen, G. (2007). Fourth European survey on working conditions. ISO 690