Κολοκούρα Βασιλική

HR & Payroll Specialist at All For Buildings

Sexual harassment at work

Home // Article Writings // Sexual harassment at work

Global movements such as #MeToo and Time’s up, point out  issues of sexual harassment and violence that women face daily in their professional environment and how all this treatment is hushed up within the organizations (Fernando and Prasad, 2018). Movements that aim to empower women but also to provide solutions to bring about changes that will lead to safety and equality for all in the workplace (Langone A. 2018).

Βy the term sexual harassment we mean the manifestation of verbal, non-verbal or physical behavior of a sexual nature that has as its purpose or as a result insulting the dignity of a person with the main characteristic of creating an intimidating, aggressive and humiliating environment (ACAS,2021). Referring exclusively to sexual harassment, an estimated rate of 30% to 50 % of female victims in Europe and North America (FRA, 2014).

Internationally, the term sexual harassment, as the negative manifestation of an unfavorable social treatment and undesirable behavior, appears in the early 1970s in the USA and respectively in Europe and more specifically in the United Kingdom on beginning of the 1980s. During that period, the first attempts are made to identify and analyze problem, as well as social awareness for a non recognized problem (MacKinnon A. Catharine; Reva B. Siegel, 2003). Ιn Europe the first report is made in 1981-1982 in England and it was first recognized as a form of workplace discrimination through a landmark legal decision in 1986 ( Louise Jackson,2021).

The Employment Equality Act 1998 prohibits discrimination in employment, provides protection to employees and allows the employer to implement affirmative action measures to promote equal opportunity on the basis of gender (Employment Equality Act, 1998). In this context, a number of European countries criminalize sexual harassment as an offence.

 In Greece, only in 2005 was the recognition of the need for protection incorporated into Greek law, both in terms of direct, indirect discrimination, as well as harassment (Law 3304/2005). In 2010 the law states that harassment and sexual harassment and any less favorable treatment due to submission or rejection of such conduct constitute sex discrimination and are prohibited. Anyone who commits such an act due to his work position will be prosecuted and punished with imprisonment from six months to three years and may be fined (LAW 3896/2010).

The latest law passed in June 2021 introduces a more modern legislative framework adapted to the needs of the times. Except that it is categorically stated that the prohibition of any forms of violence and harassment, occurring during work or connected with it or results from it, the mentioned places where such an incident can take place are expanded and are not limited to the places where the work is classically provided. Τhe new law fully responds to new ways of providing work, but also in new forms of employment, such as telecommuting, home employment and crowdworking like employment via electronic means platform (LAW 4808,2021). According to law, unsolicited behaviors, which are manifested, even through technological means of communication, such as corporate/professional e-mails, corporate applications and communication platforms, such as Skype, Teams, Zoom, Webex during work are capable of constituting violence and harassment at work (Leah Fessler, 2021).

Τhe Law 4808/2021 provided for the first time the obligation for companies employing more than twenty individuals, to adopt a policy to prevent and combat violence and of harassment at work in which declare zero tolerance for these forms of behavior and specify the rights and obligations of employees and employers to prevent and dealing with such incidents or conduct (Ladas N.,2021).

An organization culture that is open and diverse leads to fewer problems with sexual harassment. Βut what are the components that will compose the strategy that the organization should follow and establish a policy that will prevent incidents related to harassment? In principle, employers should not confuse different forms of harassment and adopt a separate policy for each type (UNISON, 2020). Organizations should regularly review their harassment policy and communicate about them throughout the year in all-staff meetings and in company internal communications. Should emphasize what is a priority for the company and managers and HR directors to communicate the organization’s positions on the issue (Jonathan A. Segal,2018). Employers should strive to create work cultures where employees know how to report sexual harassment and feel comfortable going to HR with their concerns and complaints. Τo achieve this, grievance procedures should be established whereby complaints are recorded, monitored and investigated promptly and thoroughly to address complaints (Deloitte, 2017).

Supervisors and human resource managers must be thoroughly trained to recognize and resolve sexual harassment cases. Organization can have at its disposal educational programs of information and prevention and participate in campaigns on sexual violence and support material whenever there is information for timely and correct intervention. Training for both staff and supervisors on inappropriate workplace behavior will create motivation for staff to contact and enable targets of harassment, while also offering employees with training skills and reasonable alternatives for bystander involvement (Jathan Janove, J.D.,2018).

The company from the application of a correct policy to deal with the phenomenon and making clear what is the position of the organization in such cases can only benefit and gain a good reputation as an employer. Sexual harassment in the workplace causes increased stress, which causes organizations to lose workforce members. Workplace stress has been linked to employees’ intentions to find a new job (Cortina, L. M., Magley, V. J., Williams, J. H., & Langhout, R. D. ,2001). It must be understood by managers and employers that sexual harassment in the workplace is responsible for undermining job satisfaction and affective commitment (Rebecca S. Merkin, 2008).

Bibliography

  • Fernando D., & Prasad A. (2018). “Sex-based harassment and organizational silencing: How women are led to reluctant acquiescence in academia. Human Relations.”
  • Langone A, (2018) “#Me Too and Time’s Up founders explain the difference between the 2 movements – and how they’re alike. Time.” Available at: http://time.com/5189945/whats-the-difference-between-themetoo-and-times-up-movements/ (accessed 30 June 2018).
  • Acas, the Advisory, Conciliation and Arbitration Service, (2021) Available at: https://www.acas.org.uk/sexual-harassment
  • MacKinnon A. Catharine; Reva B. Siegel, (2003) “ A Short History of Sexual Harassment” Available at: https://law.yale.edu/sites/default/files/documents/pdf/Faculty/Siegel_IntroductionAShortHistoryOfSexualHarrasmentLaw.pdf
  • Louise Jackson, (2021) “ Making sexual harassment history: the UK context” Available at: https://www.genderequalitiesat50.ed.ac.uk/2021/06/24/makingsexual-harassment-history-the-uk-context/
  • Employment Equality Act, (1998) Number 21 of 1998
  • European Union Agency for Fundamental Rights, (2014) ‘’Violence against women: an EU-wide survey.”
  • LAW 3304/2005 (ΦΕΚ Α’ 16/Α/27-1-2005) “Application of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age or sexual orientation”. Available at: https://www.ministryofjustice.gr/wp-content/uploads/2019/08/94Nomos_3304_2005.pdf
  • LAW 3896/2010 (ΦΕΚ Α΄207/8-12-2010) “Implementationof the principle of equal opportunities and the equal treatment of men and women in matters of work and employment – Harmonization
    of existing legislation with Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 and other related provisions”. Available at: https://www.kodiko.gr/nomologia/download_fek?f=fek/2010/a/fek_a_207_2010.pdf&t=c967e9425585e1ae341f5b5d706dd283
  • Leah Fessler, (2021) “ Workplace Harassment in the Age of Remote Work’’ Available at: https://www.nytimes.com/2021/06/08/us/workplace-harassmentremote-work.html
  • SEB, (2022) “Harassment and violence at work. Measures and regulations of Law 4808/21.” Available at: www.sev.org.gr/wp-content/uploads/2022/05/Οδηγός-για-τις-επιχειρήσεις_Παρενόχληση-και-βία-στην-εργασία.pdf
  • Ladas N., (2021) “ To dikaio ths ekmetallefseos.” Publication Nomiki Vivliothiki pg 248
  • UNISON, (2020). “Sexual harracement is a workplace issue.” pg.28-29
  • Jonathan A. Segal, (2018) SHRM “ Viewpoint: 5 Ways to Strengthen Your Anti-Harassment Complaint Procedure”.
  • Jathan Janove, J.D., (2018) SHRM “Viewpoint: It’s Time to Take a New Approach to Sexual Harassment Prevention”
  • Cortina, L. M., Magley, V. J., Williams, J. H., & Langhout, R. D. (2001) “Incivility in the Workplace: Incidence and Impact.” Journal of Occupational Health Psychology, 6, 64-80.
  • Rebecca S. Merkin, (2008) “The Impact of Sexual Harassment on Turnover Intentions, Absenteeism, and Job Satisfaction: Findings from Argentina, Brazil and Chile.
M Masters D Diplomas