Title: Drawing the Line: Sexual Harassment at Work and in Campus
1Drawing the Line Sexual Harassment at Work and
in Campus
- Cecilia Ng
- Seminar Memahami dan Menangani Gangguan Seksual
di Universiti - 22 May 2007
- Kanita, Universiti Sains Malaysia
2Introduction
- Objectives
- Examine the notion of sexual harassment
- Discuss the theories and issues around sexual
harassment - Note MOHRs policy governing sexual harassment
3Introduction
- Industrialisation and intensification of
globalisation across the globe - More and more women entering the paid work force
in developing countries - Majority in manufacturing and services sectors
- Many in medium and low-skilled jobs
- Increased reports of sexual harassment in the
work place which affect mainly women employees
4Introduction
- Safety and health issue
- Just working environment
- Dignity at work
- Discrimination at work
- Form of gender-based violence
- Violation of human rights
5Introduction
- BUT
- Still contentious issue
- Differing perceptions between men and women
- Men view less SH than women
- Women do not recognise SH when it occurs
- Where does one draw the line?
6Incidences of SH
- Studies conclude that women experience a
disproportionately higher rate of sh - Survey figures ranging from 40 to as high as 80
of female employees reporting sh on their jobs
by their male colleagues or supervisors
(Aggarwal, 1992 Earle and Madek, 1993 ILO,
2001) - Survey in UC Berkeley campus sh experienced by
30 of undergraduate women - Rate of sh among undergraduate and graduate women
was between 30 53 and that of undergraduate
men was 13 (Malovich and Stake, 1990 cited in
Ho, 2006)
7Incidences of SH
- In Malaysia, the first survey on sh conducted) by
the Womens Section of the Malaysian Trades Union
Congress (MTUC) in 1987 - Study reported that 11 to 90 of the female
respondents experienced sh in the workplace - 1990s a survey of 586 public administrators (422
men and 164 women) in the northern states of
Peninsular Malaysia reported that 43.4 of the
men and 53 of the women faced at least one form
of sh (Sabitha,1999)
8Incidences of SH
- 2001 study (Ng, Cecilia et al.) about 35 of the
1,483 respondents surveyed reported that they had
experienced one or more forms of sh in their
place of work - Higher percentage of female respondents (38)
than male respondents (32) indicated that they
had experienced such harassment - Most common form of harassment encountered was
verbal, followed by physical harassment - In-depth interviews with key informants revealed
that the perpetrators were mainly male superiors
or co-workers - Only 22-25 of the victims/survivors would
actually report to their supervisors or to Human
Resources reflecting lack of confidence in the
grievance procedure - MOHR received 105 complaints of SH from 2001
2004 of which 10 people were sacked (Ho, 2006)
9What is Sexual Harassment?
- Involves unwanted, unsolicited and unreciprocated
conduct of a sexual nature - Involves sexual requests or attention that is not
justified in terms of the working relationship - Involves an offence or humiliation or threat to
her/his well being - Various definitions and under various
jurisdictions and approaches - Anti-discrimination, human rights, labour,
criminal laws and Codes of Practice
10European Commission
- Most commonly cited definition European
Commission Recommendation 27 November 1991 on the
protection of the dignity of women and men at
work - Article 1 It is recommended that sexual
harassment means unwanted conduct of a sexual
nature, or other conduct based on sex affecting
the dignity of women and men at work. This can
include unwelcome physical, verbal or non-verbal
conduct.
11Sexual HarassmentMalaysia Code of Practice (1999)
- Any unwanted conduct of a sexual nature having
the effect of verbal, non-verbal, visual,
psychological or physical harassment - (i) That might, on reasonable grounds, be
perceived by the recipient as placing a
condition of a sexual nature on his/her
employment or - (ii) That might, on reasonable grounds, be
perceived by the recipient as an offence or
humiliation, or a threat to her/his well-being,
but has no direct link to her/his employment
12SEXUAL HARASSMENT (Asian Institute of
Technology, Thailand )
- includes unwelcome sexual advances, requests
for sexual favours, and other physical, oral or
written conduct or visual manifestations of a
sexual nature when - (i) acceptance of sexual advances or invitations
is made or implied as condition of education or
employment or - (ii) rejection of sexual advances, requests or
other sexual manifestations affects grades or
any academic or personnel decisions that
concern the recipient or
13SEXUAL HARASSMENT (AIT, Thailand )
- (iii) unwelcome sexual advances or other sexual
advance or other sexual manifestations which
interfere with the recipients work or create an
offensive, intimidating or hostile employment,
academic or residential environment.
14Categories of Sexual Harassment
- Sexual Coercion
- that results in some direct consequence to the
victims employment status or some gain or loss
of tangible job benefits (quid pro quo) - Sexual Annoyance
- sexually-related conduct that is hostile,
intimidating or offensive to the recipient, but
no direct link to tangible job benefits.
15 Statements Agree or Disagree?
- 1. Sexual harassment only happens to young and
pretty girls. - 2. Sexual harassment is natural - it is part of
the work culture/mens sexual drives. - 3. Sexual harassment and flirting are one and the
same just a bit of workplace fun. - 4. Women who dress sexily are inviting sexual
harassment they ask for it. - 5. Working women are mainly harassed by their
employers.
16Grey Areas Still
- Differing Perceptions
- Whether an incident is labelled sexual
harassment depends on - The behaviour in question
- The relationship between harasser and victim
- The sex of the harasser
- The sex and age of the victim
- The sex of the person doing the rating
17Explaining Sexual Harassment
- Four Models (Tangri, Burt and Johnson,1982)
- Natural/biological
- Socio-cultural
- Organisational
- Sex-role spillover theory
- Feminist psychological explanations
18Natural/biological Model
- Men and women are naturally attracted to each
other and thus like to relate to each other in
sexually oriented manners in the workplace - Women misconstrue this sexual attraction
- Sexual harassment is harmless behavior rather
than a problem to be solved - Essentialist explanation debunked academically
however it is still a popular belief held by many
in society
19Socio-Cultural
- An expression of power and hostility whereby
those with the least power in society are the
most likely to be harassed. Thus sexual
harassment is not about sex but about power in
that it reflects the unequal gender power
relations in society - Use of male sexuality to exercise and reinforce
mens power and control over women - It is a form of sexual violence and gender
discrimination, which is part of the larger
patriarchal system in which men define the
cultural norms by which women should perceive
themselves.
20Organizational and Sex Role Spillover
- The hierarchical structure of organizations lends
itself to sexual harassment encounters. This is
because those in power are granted legitimate
power over their subordinates in this case to
accept their subordinate role as a sex object - Sex-role spillover denotes the carryover of
gender-based expectations into the workplace.
Women are assumed to be sexual and to elicit
sexual overtures from men rather naturally.
21Feminist Psychological Explanations
- Womens psychological state under patriarchy
psychologically disempowered - Psychological of entitlement vs psychology of
accommodation - Women go along with mens use of their bodies but
refuse to accept it verbally. Are women
accomplices of their own subjugation? - Psychosocial construction of masculine identity.
SH is an act of conformity or over conformity to
masculine identities
22Potential Doers and Victims
- Superior against subordinate (lecturer against
student) - Subordinate against superior (Dean against
lecturer) - Employer (boss) against employer
- Client against employee (vendor against clerk)
- Employee against another employee/colleague
- In public spaces (buses, parks) men against women
23 Who are affected?
- Women mainly
- female recipients in a subordinate position, a
woman manager with men under her supervision or
from co-workers - Men (small in numbers, but slowly increasing)
- men are affected and they should have the same
rights as women
24Why mainly women? Concept of gender
- Gender as social construction of sexual
differences (biological male and female) - Womens and mens roles, attributes and
- responsibilities are socially
- constructed (strong vs weak rational vs
emotional) - Womens position is perceived as
- secondary and subordinate in society
- Those in positions of power are able to make
decisions or act in ways that will benefit
themselves.
25In Sexual Harassment . . .
- Happens in hierarchical relationships where one
person wields power over another - Happens to women who have low pay, low positions
and in less desirable jobs - Also happens among co-workers
- Happens because there may be resentment towards
women invading mens occupational turf
26Why is SH often not reported?
- Fear of embarrassment
- Fear of consequences arising out of publicity
- Fear of being subject to ridicule
- Economic vulnerability
- Absence of complaint procedure
- Lack of confidence in redress mechanism
27Effects of SH
- Affects morale
- Undermines productivity
- Creates intimidating and hostile working
environment - Affects safety of employees
28Job-related effects
- To the Recipient
- Psychological/health effects such as severe
headaches, stomach pains and depression due to
fear and/or threat - Increased stress
- Less job satisfaction
- Less commitment/motivation to work
- Career interruption
- Leave the job
- Negative effect on family life
29Job-related effects
- To the Company
- Low morale leading to low productivity
- Reduced loyalty
- Worker absenteeism and turnover
- Profitability will be disrupted
- Cost of recruiting and training replacement
- Costly legal proceedings
- Damage to company image and credibility
30Effects 2001 Survey
- 25 of survey respondents who were harassed
reported facing an intimidating and hostile work
environment - Result less productive and effective in their
work - 20 stated that they felt that their employment
opportunities were threatened - Result felt stressed, worked less effectively or
changed their pattern of work, while some
considered changing their jobs - A substantial proportion of sh victims felt that
they were working within an environment which was
hostile and unsupportive, serious implications
on work, productivity and organisational
relations in the company - 2005 Survey majority of employees at UM felt
productivity affected if SH occurred
31Malaysian Code of Practice on Sexual Harassment
(1999)
- Establish in-house mechanism to combat sexual
harassment in the workplace - Have a policy statement prohibiting sexual
harassment - Establish a compliant/grievance procedure
- Establish disciplinary rules and penalties.
- Have protective and remedial measures for the
victim. - Have promotional programmes, e.g.,through
communication, education and training.
32Conclusion
- Employees have a right to work in dignity/in a
safe workplace - Students need to study in an environment free
from harassment and discrimination - We all need to build a safe and just working
environment
33