Career Guru Darwin Rivers answers a query on sexual harassment in the workplace. Read on…
What Cindy Asks:
Can you please give us tips and advice on sexual harassment in the workplace? How do we know when we’re being harassed and what do we do in terms of prevention and action? This goes for both male and female BPO workers.
What Darwin Says:
Sexual harassment as a discriminatory act finds legal bedrock in Sec. 3, Art. XIII of the 1987 Philippine Constitution that states: “The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.” Art. 3 of the Labor Code (Pres. Decree No. 442, as amended) declares as its basic policy that ” The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall ensure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work.
Republic Act No. 7877 (An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, And For Other Purposes), or the “Anti-Sexual Harassment Act of 1995, was signed into law on 14 February 1995.” (Ref: http://elibrary.judiciary.gov.ph)
You can also check out my write-up about the Anti-Sexual Harassment Law.
Based on the Anti-Sexual Harassment Law, there are three instances where a person can be liable for sexual harassment:
(a) Directly commit the act;
(b) Induce another person to commit the act;
(c) Cooperate through an act without which sexual harassment would not have been accomplished
Sexual Harassment takes place if a person:
- Subjects another person to an unwelcome act of physical intimacy, like grabbing, brushing, touching, pinching etc.
- Makes an unwelcome demand or request (whether directly or by implication) for sexual favours from another person, and further makes it a condition for employment/payment of wages/increment/promotion etc.
- Makes an unwelcome remark with sexual connotations, like sexually explicit compliments/cracking loud jokes with sexual connotations/ making sexist remarks etc.
- Shows a person any sexually explicit visual material, in the form of pictures/cartoons/pin-ups/calendars/screen savers on computers/any offensive written material/pornographic e-mails, etc.
- Engages in any other unwelcome conduct of a sexual nature, which could be verbal, or even non-verbal, like staring to make the other person uncomfortable, making offensive gestures, kissing sounds, etc.
Sexual harassment at workplace is generally classified into two distinct types:
- Quid pro quo – It means seeking sexual favours or advances in exchange for work benefits and it occurs when consent to sexually explicit behaviour or speech is made a condition for employment or refusal to comply with a ‘request’ is met with retaliatory action such as dismissal, demotion, difficult work conditions.
- Hostile working environment – It is a more pervasive form of sexual harassment involving work conditions or behaviour that make the work environment ‘hostile’ for the woman to be in. Certain sexist remarks, display of pornography or sexist/obscene graffiti, physical contact/brushing against female employees are some examples of hostile work environment, which are not made conditions for employment.
In Back Off! How To Confront and Stop Sexual Harassment and Harassers, Martha Langelan recommends taking these steps:.
Dealing with the Harasser upfront:
- Do the unexpected: Name the behaviour. Whatever he’s just done, say it, and be specific.
- Hold the harasser accountable for his actions. Don’t make excuses for him; don’t pretend it didn’t really happen. Take charge of the encounter and let people know what he did. Privacy protects harassers, but visibility undermines them.
- Make honest, direct statements. Speak the truth (no threats, no insults, no obscenities, no appeasing verbal fluff and padding). Be serious, straightforward, and blunt.
- Demand that the harassment stop.
- Make it clear that all women have the right to be free from sexual harassment. Objecting to harassment is a matter of principle.
- Stick to your own agenda. Don’t respond to the harasser’s excuses or diversionary tactics.
- His behaviour is the issue. Say what you have to say, and repeat it if he persists.
- Reinforce your statements with strong, self-respecting body language: eye contact, head up, shoulders back, a strong, serious stance. Don’t smile. Timid, submissive body language will undermine your message.
- Respond at the appropriate level. Use a combined verbal and physical response to physical harassment.
- End the interaction on your own terms, with a strong closing statement: ‘You heard me. Stop harassing women’.
Other steps employees can take:
Speaking out
Speaking about sexual harassment is an effective tool in combating it. While speaking about it, the problem becomes visible, it is acknowledged that it exists, and this in turn leads one to take effective measures against it. Speaking about sexual harassment also gives an opportunity to clarify by this about it. It helps in changing attitudes of people towards this issue. Speaking about it creates an enabling environment for the victim to speak out. It mobilises public opinion against it. It makes it difficult for a potential harasser to commit the crime. It equips people with information as to what is to be done in such a case.
Speak up at the time: Be sure to say “NO” clearly, firmly and without smiling as that is the best way to let the harasser know that his behaviour is offensive. Objecting to the behaviour when it occurs helps if you decide to file charges later.
Keep records
Keep track of what happens in a journal or diary and keep any letters or notes or other documents you receive. Write down the dates, times, places, and an account of what happened. Write down the names of any witnesses. Write a letter. People have successfully stopped sexual harassment by writing a letter detailing the behaviour that is offensive and asking the person who is harassing them to stop the behaviour. The letter should be polite, unemotional, and detailed. Such a letter seems to be more powerful than a verbal request. The recipient of the letter seldom writes back; the person usually just stops the behaviour.
Set your own boundaries: Say “NO” emphatically and clearly when you are asked to go places, do things, respond to questions, or engage in situations that make you uncomfortable. Do not worry about offending the other person or hurting his or her ego. Take care of yourself first.
Be aware of situations and people who may harm you: Don’t ignore other’s warnings about particular people or social settings. Acknowledge their concern for you and for themselves.
Trust your own instincts about possible danger: In an uncomfortable situation, be direct and honest, and remove yourself from the situation immediately. Regardless of your previous behaviour or signals you may have given earlier, you have the absolute right to halt any sexual exchange at any time. Accept this right and act on it.
Tell someone
Being quiet or stoic about sexual harassment lets it continue. Talk to other co-workers; you may not be the only one harassed by this person. Do not blame yourself and do not delay.
Create a Witness to the behaviour: Inform a trusted colleague and try to insure that s/he is an eye or ear witness to a situation where you are being sexually harassed. This will be useful later if you chose to file a formal complaint. Send a copy of sexual harassment policy / rules to the harasser. If your workplace already has an anti-sexual harassment policy or the conduct rules of your institution prohibit sexual harassment, send a copy of the institution policy/conduct rules to the harasser with the appropriate sections underlined.
Get a medical check-up
If you have been raped or physically assaulted, go for a medical check-up. Obtain a medical report. This is important, should you decide to pursue a legal case.
Report sexual harassment to the appropriate person in the organization: Explore the different avenues available to you and file a formal complaint at your Human Resource Department.
Here in the Philippines, our law requires all companies/employers that they should have an anti-sexual harassment policy. If your company does not have one, ensure that your employer formulates an anti-sexual harassment policy and carries out all the connected tasks.
Documenting Harassment
Documenting the harassment is important for use as evidence in a case or complaint. You should: Photograph or keep copies of any offensive material at the workplace. Keep a journal with detailed information on instances of sexual harassment. Note the dates, conversation, frequency of offensive encounters, etc. Obtain copies of your work records (including performance evaluations) and keep these copies at home
Other documents that you should have: A company policy and procedure manual is very important to have. The company’s documented policies on sexual harassment, discrimination, performance appraisals, termination, affirmative action plans can be very important to show their stated policies versus their actions. Company newspapers, annual reports, pictures of its top executives, posters, company credo, and company surveys are important to show the environment and its hostility towards women.
Take all letters of commendation, awards, thanks you’s and anything at all that will corroborate your positive job performance. Pay special attention to documents that your superiors have provided lauding you and your work. If possible, ask your clients, staff, and peers for letters of commendation.
Every document that you use during trial must be authenticated by a witness. Keep this in mind during your depositions when the defence asks you where you obtained a document. If you are not clear about where you got the document, and who can authenticate it, you will not be able to use it during your trial.
We should always remember that sexual harassment has serious emotional effects on its victims. It can also do damage to a victim’s career. If you bring a sex harassment case in court, getting through it and rebuilding your career afterward may seem almost as difficult as the harassment itself.
Know though that we have appropriate laws that properly addresses sexual cases and that there are numerous NGO’s and LGU’s not to mention you own company’s HR department that can help and assist you going through such predicaments to ensure your right against sexual harassments.
HRD Guru - Manila's HR Guru 