Sexual harassment at work: what it is, examples, and what to do about it

Sexual harassment at work is a form of violence, mostly suffered by women due to structural gender inequality. Despite being a very common type of labor problem, few dare to report it, so it could well be said that workplace sexual harassment is silent violence.

Next we are going to talk about sexual harassment in the workplace, how an act is considered to be this type of harassment and, according to Spanish legislation, how to proceed if you have been a victim of this type of violence.

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sexual harassment at work

sexual harassment at work is a form of workplace violence, the result of structural inequality between men and women. While it can affect both men and women, with both heterosexual and homosexual sexual harassment, It is true that most of the victims are young women harassed by men, usually in a work situation precarious Within this group of women, factors such as whether it is their first job, being an immigrant, having disability, belonging to an ethnic minority or having a temporary contract make the harassment happen with higher incidence.

Workplace sexual harassment is a reality, and women are the main victims. It occurs in every country in the world but, to exemplify its seriousness, we are going to highlight some data from the case of Spain. According to data from the UGT (General Union of Workers) between 2008 and 2015, 2,484 women suffered some type of sexual harassment in their jobs. Only 49 sentences convicted the aggressors. Although they are relatively outdated data, they serve to exemplify the seriousness of the situation and how, despite being so common, many women do not receive justice.

In accordance with the provisions of article 184 of the Spanish Penal Code, we can define sexual harassment at work as any verbal or physical conduct, of a sexual nature, that has the purpose or effect of violating the dignity of the person who suffers it, generated in an intimidating, offensive or degrading context.

The sexual harasser in the workplace can be anyone in the professional circle of the victim. Not only can it be a colleague at work or your own boss, but it can also be customers or suppliers. Sometimes, this sexual harassment is known by the rest of the victim's work environment, but for various reasons they consciously ignore the situation.

It is important to note that workplace sexual harassment is not considered gender violence. For it to be, this situation of bullying, harassment, sexualization, violence or any other type of aggression of a sexual nature towards the victim must be perpetrated by a man towards a woman and that the two have maintained a romantic relationship in the past or that they continue having.

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Types of sexual harassment at work

Two main forms of sexual harassment at work can be distinguished.

Sexual exchange or blackmail

sexual blackmail occurs when the harasser tries to condition the victim according to the response he gives to his sexual advances. Depending on whether or not she is willing to comply with her sexual requests, the harasser hints to his victim what beneficial or detrimental repercussions she might receive. This type of harassment is usually generated, generally, by a hierarchical superior such as the boss.

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environmental sexual harassment

environmental sexual harassment refers to the situation in which an intimidating, hostile, unpleasant or humiliating environment is generated for the harassed person. In accordance with Spanish law, the Constitutional Court holds that a case will be considered environmental sexual harassment if the following three factors exist:

• There must be verbal or physical abusive conduct, manifested in acts, gestures or words.

• It must be perceived by the recipient as undesirable and there must have been no consent.

• Sexually harassing behaviors must be serious.

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Examples of workplace sexual harassment

Some common situations of sexual harassment They are:

• Send the victim photos, videos, emails, messages, etc., of a sexual nature, with explicit or implicit content.
• Phone calls with sexual and offensive content.
• Share private photos and videos of the victim with co-workers.
• Blackmail the affected person with sexual content.
• Constantly coming on to a co-worker
• Treating the victim in a demeaning and obscene manner.
• Rubbing, touching intimate parts of the victim excessively and continuously.
• Pressure or blackmail to date or go out with the victim.
• Expressly request that you do a sexual favor.
• Sexualize that person, harming her job performance and without her consent (p. g., jokes about her sexual condition…).

It is very important to understand that these situations will be considered sexual harassment at work not only because of having a notorious sexual content and occur in the workplace, but mainly when they are harmful to the victim and so she indicate. These situations must be offensive, intimidating, unwanted or directly or indirectly affect the performance and professional reputation of the victim who receives them..

A case of workplace sexual harassment does not cease to be because the victim has not explicitly complained that they do not want to suffer that situation. Despite not wanting the situation to continue or feeling sexually harassed, victims may feel sufficiently intimidated, physically or verbally, to fear consequences. negative in case of daring to report, including the risk of being fired, that the report will turn against you, lose your social and professional reputation or ruin your career professional.

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Consequences of sexual harassment at work

Sexual harassment, wherever it occurs, is still a type of violence and as such has a negative impact on the lives of those who receive it. In the case of what occurs in the workplace, this brings with it several psychological consequences both in the professional life of the victim and in the personal.

At work we have:

• Lower productivity.
• Increased work absenteeism.
• Continuous sick leave.
• Conflicts in the work environment, both with colleagues and with clients.

On a personal level we find that the victim may suffer from the following psychological problems.

• Lower self-esteem.
• Feelings of guilt.
• Depression and anxiety.
• Post Traumatic Stress Disorder (PTSD)
• Sleep and rest problems.
• personality changes
• Somatization of stress: headache, nausea, vomiting, gastrointestinal problems, hypertension and greater propensity to get sick.

Being a victim of sexual harassment at work also worsens the sufferer's personal relationships with family and friends.

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What to do if we suffer sexual harassment at work?

If you are experiencing sexual harassment at work or believe that you may be the victim of some type of malicious action, it is advisable to take the following steps.

The first thing is to talk to the person who is harassing us, and make it very clear what the limits are. At best, the situation may have been a misunderstanding or the other party was misunderstanding our interest in him or her and, by clarifying what you are not willing to tolerate, the problem is solved in that moment.

However, many times this first step does not work. In case it is a co-worker who is sexually harassing us, your thing is to talk to our superior, or with yours depending on what we consider to be the one with the greatest capacity to stop this situation. If the one who harasses us is our boss or the complaint about our situation has not worked, the next step would be to talk to the company committee.

In the event that all of the above steps fail or there is no committee, the next step is to speak with an attorney. It will be this professional who will give us more details of the following steps, legal and administrative, to take to stop the situation of workplace sexual harassment of which we are being victims and how to make the harasser pay.

Next, we talk about the particular case of what is usually done in Spain. The legal means available are the following.

1. Request the termination of the social relationship

Through the social jurisdiction, the termination of the employment relationship is requested (Art. 50 of the Workers' Statute). We will have:

• Unemployment and compensation.
• Right to request compensation for damages or moral damages.

2. Set a lawsuit

A lawsuit is established. A labor inspection can be requested which implies that an inspector will appear at the company and issue an official report.

3. Set up a complaint

Spanish legislation establishes that sexual harassment at work is a crime, therefore it is reportable. It is punishable by up to 2 years in prison (Art. 184 of the Penal Code).

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The psychological report of sexual harassment

During the process, in addition to the testimonies of the victim and witnesses, together with the material that can demonstrate the case of sexual harassment, it is necessary to demonstrate that the person who has been harassed suffers psychological problems as a result of this type of violence. Much of the physical evidence is hard to come by as harassers make sure they leave no trace, which is a real problem because if not enough evidence is collected, the entire judicial procedure can come to nothing. site.

To find out if there are psychological consequences of being a victim of sexual harassment at work, a psychological expert should be carried out. This is a report issued by a psychologist specializing in judicial and forensic procedures. The psychologist will carry out an empirical and objective analysis of the victim and her work and personal environment, specifying the following aspects in the report:

• The work context: position in the company, activities carried out, people with whom he deals...
• The personal context: age, sex, children, marital status, family responsibilities...
• The psychological implications of bullying for the affected person in their daily life
• How these consequences affect her professional activity.

To gather all this information, the victim is interviewed, doing the pertinent psychological tests. Once all the information is obtained, a detailed report on the applicant's work and personal situation is drawn up. This report is considered a very weighty piece of evidence in court, as they serve to scientifically demonstrate that the victim has suffered sexual harassment at work and that this has affected him psychologically.

Conclusions

Harassment of women at work is a reality that affects, above all, women. These types of situations have a very negative effect on their work performance, mental health and personal relationships, but on many occasions they do not dare to report or activate the procedure to put a stop to the fear and intimidation they have received from their harasser, accompanied by the fear of being fired or receiving reprisals in the workplace. job.

Despite this fear, the truth is that filing a complaint is the most effective method to stop workplace sexual harassment and make whoever has committed it is penalized for it with up to 2 years in prison if it is proven and depending on the seriousness of the bullying. If you go through the legal route, all the means that prove the situation experienced must be gathered, information that It will serve to prepare an expert psychological report that will help the victim to do justice.