Eliminating Sexual Harassment
July 23, 2021 | 19:40
Sexual harassment is present in workplaces all
around the world and is often normalised. It is a significant obstacle to
women’s equality in the workplace and their advancement to leadership
positions. Because of its disproportionate impact on women, sexual harassment
may exacerbate already existing gender gaps in the world of work, including the
pay gap and the gap in labour force participation of women.
By MyLan Holland-Research assistant, EQuest Asia
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Sexual harassment at work is a manifestation
of unequal power dynamics most often, if not always, between men and women –
though this is not to say that women cannot be perpetrators and men victims.
Men frequently occupy more senior and better-paid positions, leaving women more
vulnerable to sexual harassment precisely because they lack power, are in more
insecure positions, may lack self-confidence, or have been socialised to suffer
in silence.
Embarrassed and afraid of losing their job,
most victims keep silent when sexually harassed in the workplace. Patriarchal
behaviour, archaic views of female subjugation and male dominance,
misconceptions about female sexuality, and a lack of respect for women’s rights
all contribute to sexual harassment.
The most recent governmental code to address
sexual harassment in Vietnam is the Labour Code 2019, which entered into force
on January 1 this year, giving a clearer legal definition to the term “sexual
harassment” and making clear that sexual harassment in the workplace may be
disciplined. The new Labour Code stipulates the four levels of labour
discipline which can apply to any offence, involving sexual harassment: (i)
reprimand; (ii) delay of a wage increase for up to six months or removal of the
offender from his/her position; (iii) demotion, and (iv) dismissal from
employment.
This legislation is a very positive step
towards to eliminating sexual harassment in the workplace. However, the code
does not state what specific acts constitute as sexual misconduct and leaves it
to organisations’ Internal Labour Regulations to define sexual misconduct.
A report by the International Labour
Organization (ILO) in 2018 showed that women working in lower-paid jobs and in
informal sectors, particularly in the service industry, are more likely to
experience workplace sexual harassment.
Particularly in the garment industry,
according to Better Work Vietnam, over 80 per cent of workers were women in
2018. The women in this industry experience a significant power imbalance that
makes it even more dangerous to speak out against sexual harassment as they may
lose their jobs. Findings from this report also point towards those who are
financially dependent being at most risk. Young female workers, for example,
are common targets.
Women working in low-ranking positions are
particularly susceptible to sexual harassment, where they are subordinate to or
dependent on the harassers and feel the need to endure the harassment so that
they can keep their jobs.
Typically, male-dominated industries such as
agriculture, construction, and STEM learning fields view sexual harassment as
normal behaviour and are therefore particularly inadequate at preventing it.
The harassment being borderline acceptable in
male-dominated industries makes a disproportionate number of women feel
unwelcome, uncomfortable, or intimidated at work, or even forces them to quit,
essentially acting as a kind of sex discrimination. Allowing it to continue is
abetting the barring of women from joining these occupations or advancing in
these industries. Sexual harassment is the worst symptom of gender inequality
in society and the world of businesses, taking away and deterring valuable
talent and work away from the industry.
For these reasons, sexual harassment is
considered as a serious form of sex discrimination. The ILO’s Committee of
Experts on the Application of Conventions and Recommendations has emphasised
that sexual harassment should be addressed within the requirements of
Convention No.111 on the elimination of discrimination and promotion of
equality in employment and occupation.
It is unfortunate that sexual harassment is
normalised and tolerated and too often brushed off as teasing or joking within
workplaces and society. If the male power and privilege which exists in most
workplaces was used to support women’s empowerment, workplaces would be much
safer for women, and businesses would be much more productive.
In addition to the effects on individual
workers, harassment can also have a major effect on an organisation, affecting
both the performance and the morale of the whole workforce. Therefore,
eliminating sexual harassment in the workplace, besides being the right thing
to do, is beneficial for organisations.
When sexual harassment occurs, we must enhance
our response. Workplaces must prioritise the victim’s wellbeing and give
assistance throughout the complaint process. Even if victims do not file a
formal complaint, businesses should be on the lookout for patterns and systemic
concerns disclosed informally.
More steps towards eliminating sexual
harassment should be taken up by organisations, such as training. By
introducing specific emphasis on workplace activities deemed “acceptable” and
“unacceptable” businesses may prevent situations where workers have differing
subjective opinions of what constitutes proper behaviour.
Setting clear expectations regarding what is and what is not
acceptable is an important early step in preventing and eliminating altogether
this toxic practice and promoting justice at work. The new legislation is a
timely reminder of organisations’ responsibilities to develop the required
policies, codes of conduct, disciplinary action, and training that provides a
safe space for women to pursue fulfilling careers and to contribute fully to
their employers and the economy.
Source: https://vir.com.vn/eliminating-sexual-harassment-86007.html
