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Old 03-09-2010, 04:06 PM   #580
Céline
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Join Date: Oct 2008
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The Nature of Sexual Harassment

[Excerpted from Chapter 1 of the Ontario Women's Directorate's Employer's Guide: A Time for Action on Secual Harassment in the Workplace. (Toronto, ON: Ontario Women's Directorate, 1993) To order, see Publications]

A hostile or offensive workplace for women 'is created by repeated subtle, yet, unwelcome harassing behaviour. This is sometimes called the "poisoned'' work environment.

Sexual harassment is a pervasive workplace problem. It permeates both large and small workplaces in Ontario, and affects all employment sectors. In Canada, the first national survey showed that 49% of women in the workforce have experienced at least one type of unwanted sexual attention.(1)

The Ontario Human Rights Code states that "harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome."(2) Examples of sexual harassment include unwelcome leering or suggestive looks, sexual remarks, teasing or insults, subtle or crude sexual hints and pressures, and unwanted physical or sexual contact.

Sometimes sexual harassment is obvious. Overt harassment includes threats (a poor performance appraisal, or preventing a training opportunity) for failing to comply with the harasser's sexual solicitations or advances. It can take the form of suggestions of workrelated rewards (a good performance appraisal, or consideration of promotion) for complying with those demands. But it has been estimated that overt harassment makes up only 5% of workplace sexual harassment problems. Most often, the problem is more subtle. A hostile or offensive workplace for women is created by repeated subtle, yet, unwelcome harassing behaviour. This is sometimes called the "poisoned" work environment.(3)

Sexual harassment generally takes place in the worksite in the office, factory or on work property but can also take place in other locations, such as at meetings or conferences away from the regular workplace, while employees are travelling on workrelated business, or at office parties and informal gatherings. Employers are obligated to address harassment in any work-related environment.

An abuse of power

Sexual harassment is an abuse of power in working relationships. It was first defined as "unsolicited nonreciprocal male behavior that asserts a woman's sex role over her function as worker. It can be any or all of the following: staring at, commenting upon, or touching a woman's body; requests for acquiescence in sexual behavior; repeated nonreciprocated propositions for dates; demands for sexual intercourse; and rape; ... an act of aggression at any stage of its expression, and ... contributes to the ultimate goal of keeping women subordinate at work".(4) Research shows that the vast majority of workers who are sexually harassed are women, and that the vast majority of harassers are men.(5) The harasser can be an employee, employer, supervisor, coworker or customer. Sexual harassment is a form of sexual discrimination. Often, its presence signals a gender-based abuse of power in the workplace.

Studies have also shown that some women are particularly vulnerable to multiple forms of harassment. Aboriginal women, women of colour, and women in religious minorities may be subjected to combined racial, religious and sexual harassment in the workplace. Women with disabilities are also at risk for multiple workplace harassment. Women are also more subject to other forms of harassment related to their age, family and marital status. In work situations, genderbased abuse of power intertwines with other forms of power abuse. It is important to remember that employers are obligated to prevent all kinds of harassment in the workplace.

Sexual harassment is part of a continuum of violence against women. It is an attack on a person's self-esteem, integrity, personal security and economic well being. Whether violence takes place in the home, on the street, or in the workplace, the problem needs to be addressed seriously. Those who argue against solving these problems use the same arguments to deny that the problems exist, try to blame women for these problems and sometimes even suggest that accusations are false. Statements such as, "Look how she was dressed, she was asking for it," exemplify arguments which blame the victim. In fact, incidents of sexual harassment and sexual assault are generally underreported.

Like other forms of violence against women, sexual harassment in the workplace hurts, destroys and costs. But while the problem is pervasive and costly, it can be stopped. It is the employer's responsibility to free the workplace from this form of violence against women. It is in the employer's interest to ensure a healthy working environment for all employees.

Differing perceptions

Different people have different reactions when they first think about sexual harassment in the workplace. Those reactions can be influenced by whether you are a woman or a man, an employer or an employee, and many other factors. But different people do have different perceptions. That is why, when preventive actions are developed in an organization, these points should be kept in mind:

* employers often perceive their risks differently than do judges;
* human resource personnel may perceive lower risks than workers;
* men may perceive low or no risk even while women in the same workplace are being sexually harassed;
* men and women tend to underrate the additional risk faced by women and men who are aboriginal, of colour, or persons with disabilities.

Some people claim that it is impossible to tell the difference between sexual harassment and flattery, or sexual harassment and romance. But the differences are not really mysterious. Women (and men) who mutually welcome the interactions do not wish they would may stay away from work to avoid stop. Women (and men) who are harassed want it to stop.

Does this mean that sexual harassment is just a matter of opinion? No. While opinions about harassment are shaped by different life experiences, we can develop some common understandings. Sexual harassment is unwelcome sexual attention in the workplace. Employers are obligated to take action to prevent sexual harassment in their workplace. It is to the employer's advantage to learn more about what sexual harassment costs and to take necessary actions to avoid these costs.

Sexual harassment costs

Experiencing sexual harassment in the workplace is traumatic for victims. Their economic wellbeing is threatened and harmed. This has a serious impact not only on the employee, but also on her family. As well as causing economic hardship, sexual harassment creates severe workrelated stress. It becomes difficult for the employee to concentrate on her work or to complete work tasks efficiently. Often, she suffers increasing mental anguish, selfdoubt and depression as her selfesteem as a productive worker is attacked. The psychological and physical health toll is high. An employee who is harassed may stay away from work to avoid the stress, and chronic stress related illnesses frequently result from workplace sexual harassment. Many victims reluctantly quit their jobs when the employer' takes no effective action.

The immediate costs to employers, such as, decreased efficiency, loss of productivity, high absenteeism, and disruptions from frequent and longerterm sick leaves all harm the employer. The organization must spend unneccessary money for avoidable problems. Profits are weakened by higher costs for employee benefits, by high workforce turnover, by the loss of trained and effective workers, and by the resulting increase in human resource costs. Obtaining legal counsel for the resolution of formal complaints or human rights commission investigations can add even greater costs as can any legal orders brought against the employer for failure to take appropriate actions.

Doing nothing can be the most expensive option for everyone concerned. Employer actions that are too little, too late, harm the complainant, the alleged harasser, and the organization's bottom line. Preventing sexual harassment is not just the right thing to do. It is also the employer's legal responsibility and makes good business sense.

Notes

1 Canadian Human Rights Commission. Unwanted Sexual Attention and Sexual Harassment: Results of A Survey of Canadians. Ottawa: Minister of Supply and Services Canada, 1983 (page 5).

2 Ontario Human Rights Code, 1981, Section 9 (f).

3 Louise Fitzgerald's New York Times article, cited in "The Nature of the Beast" by Anita Hill. Ms., JanuaryFebruary 1992, Volume 11, Number 4 (page 33).

4 Lyn Farley, Sexual Shakedown: The Sexual Harassment of Women on the Job. New York: McGrawHill, 1978.

5 Canadian Human Rights Commission. Harassment Casebook: Summaries of Selected Harassment Cases. Ottawa: Minister of Supply and Services Canada, 1991. See also the Ontario and Canadian Human Rights Commissions'Annual Reports.A
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