TYPES OF SEXUAL HARASSMENT
3. TYPES OF SEXUAL HARASSMENT
Under the Human Rights Act as developed by the Human Rights Commission, there two types of sexual harassment i.e.:
3.1 a request for sex together with an implied or overt promise of preferential treatment or a threat of detrimental treatment.
3.2 sexual behaviour, language or visual material which is unwelcome or offensive and either repeated or significant enough to have a detrimental effect on the person subjected to it.
It is the responsibility of the employer to provide safe working conditions and an environment free from sexual harassment. In Malaysia, the Code of Practice and Eradication of Sexual Harassment in the Workplace, which was established by the Human Resources Ministry in 1999 and implemented on a voluntary basis, is a practical guideline for employers to establish an internal mechanism to handle problems of sexual harassment at the workplace. According to the Code of Practice and Eradication of Sexual Harassment in the Workplace, sexual harassment include the following behaviours:
Unspoken: ¾ gaping and staring at a person; ¾ inappropriate facial expressions, including blowing kisses and winking; ¾ inappropriate display of items and décor, including T-shirts with sexual message or pictures, calendars and other pictures.
Spoken: ¾ calling a person by a pet name, e.g. ―Honey‖, ―Sweetheart‖, ―Sayang‖; ¾ spreading gossip and making open comments about an employee‘s
personal life; ¾ inappropriate sounds and comments, e.g. kissing sounds, comments about an employee‘s body or dress; ¾ inappropriate conversation, e.g. talking about an
employee‘s sex life. Physical ¾ purposely touching any part of the body.
The Malaysian Code of Practice specifically defines sexual harassment as any unwanted conduct of a sexual nature that may be perceived by an individual (a) as a condition on one's employment, (b) as an offence or humiliation, or (c) as a threat to one's well-being. The forms of sexual harassment together with examples, have been comprehensively specified in the Code of Practice as follows:
1. Verbal (e.g. offensive or suggestive remarks)
2. Non-verbal or gestural (e.g. leering or ogling with suggestive overtones)
3. Visual (e.g. showing pornographic materials)
4. Psychological (e.g. unwanted social invitations)
5. Physical harassment (e.g. inappropriate touching)
According to the United States Supreme Court and the Equal Employment Opportunities Commission there are two types of sexual harassment are recognized:
1. Quid Pro Quo (―This for that‖) claims in which a supervisor offers a job promotion or raise in return for sexual favours, or threatens retaliatory action if you do not comply with his advances. In this situation, the sexual behaviour
does not have to be physical and it is illegal even if the ‗offers‘ is merely understood and never stated outright. For example, a supervisor might give the best work assignments to employees who flirt with him.
2. Hostile Environment – where an employee engages in unwelcome sexual behaviour that creates hostile or abusive work atmosphere for any other employee. The employee who repeatedly makes sexual jokes in front of a colleague even though he knows she does not like it is sexually harassing her by creating a hostile environment. (Gonzales & Kleiner, 1999) In general most jurisdiction have identified two basic form of sexual harassment i.e.: 1. quid pro quo where employees were offer a job promotion, favourable work assignments or raise if they return sexual favours and vice versa. 2. unpleasant working 2. Hostile Environment – where an employee engages in unwelcome sexual behaviour that creates hostile or abusive work atmosphere for any other employee. The employee who repeatedly makes sexual jokes in front of a colleague even though he knows she does not like it is sexually harassing her by creating a hostile environment. (Gonzales & Kleiner, 1999) In general most jurisdiction have identified two basic form of sexual harassment i.e.: 1. quid pro quo where employees were offer a job promotion, favourable work assignments or raise if they return sexual favours and vice versa. 2. unpleasant working
4. Causes of Sexual Harassment
The causes of sexual harassment at work can be complex, and steeped in socialization, politics, and psychology. Work relationships can be quite intimate and intense, and those involved share common interests. Employee's are dependant on each other for teamwork and support, and are dependant on their supervisor's approval for opportunities and career success. Supervisors and employers can grow accustomed to the power they have over their employees. Such closeness and intensity can blur the professional boundaries and lead people to step over the line. Politics can be a catalyst, and problems caused by poor management, workplace bullying, frustration, and job/financial insecurity, etc., may create hostile environments that leak over into working relationships. Personal problems can also be a factor, and sexual harassment can be a symptom of the effects of life traumas such as divorce, or death of a spouse or child.
No occupation is immune from sexual harassment; however, reports of harassment of women is higher in fields that have traditionally excluded them, including blue collar environments, such as mining and firefighting, and white collar environments, such as surgery and technology.
According to a recent study (2009) by sociologists at the University of Minnesota, women in supervisory positions are the most likely targets of sexual harassment. After following over 1000 men and women from ninth grade through to their 29th or 30th birthdays, the researchers found that women, gays, and feminine men were the most likely to be harassed throughout out their lives. Women supervisors were 137% more likely to be harassed than females in non-supervisory positions. There was no correlation between supervisory status and harassment for the men in the study. Researcher Heather McLaughlin reported, "This study provides the strongest evidence to date supporting the theory that sexual harassment is less about sexual desire than According to a recent study (2009) by sociologists at the University of Minnesota, women in supervisory positions are the most likely targets of sexual harassment. After following over 1000 men and women from ninth grade through to their 29th or 30th birthdays, the researchers found that women, gays, and feminine men were the most likely to be harassed throughout out their lives. Women supervisors were 137% more likely to be harassed than females in non-supervisory positions. There was no correlation between supervisory status and harassment for the men in the study. Researcher Heather McLaughlin reported, "This study provides the strongest evidence to date supporting the theory that sexual harassment is less about sexual desire than
Sexist or sexualized environments--full of sexual joking, sexually explicit graffiti or objects, viewing Internet pornography, etc.--usually shape the attitudes that male workers have towards their female colleagues. For example, in an environment where obscenities are common, women are 3 times more likely to be sexually harassed than in an environment where such talk is not tolerated. In environments where sexual joking is common, women are 3 to 7 times more likely to be sexually harassed.
Men still retain most of the workplace supervisory positions, and they are the ones who decide whether or not a complaint of sexual harassment is justified. Because of this, if
a woman complains about the man who exposed himself to her, in most cases, she is the one who will be considered the problem. (See Ellison vs. Brady and the "Reasonable Woman" Standard ) Still, when the supervisor is female, this does not necessarily make her more sensitive to the seriousness of the problem.
Sexual harassment of men does occur, though there is less information about the problem because men are less likely to report the behavior. Sexual harassment of men in the workplace is most often same-sex harassment, and focused on men who are deemed less masculine than the others; however, neither the perpetrators nor the victim will necessarily be gay. (See Oncale v. Sundowner) Still, there are increasing reports of men being harassed by women, particularly female supervisors.
According to secondary data, Stop Violence against Women, Sexual Harassment (2003) provides information about causes of sexual harassment is more because women are lack of confidence and they have been socialized to suffer in silence. This is one of the reason why women are mostly chosen become a victim compared to men. However, Hananel, S. (2010) claimed that men report sexual harassment has increased from 8 percent to 16 percent within the year 1990 to 2009. This proves that not only women suffer from sexual harassment but also men, victims are also keeping increase in these few years.
Sexual Harassment Lawfirms (2009) also provides information about fear and power has been one of the causes of sexual harassment. For an example, boss requires to have sex with his female employee. From the example above, this has creates a fear to the victim because she might loss a job if she refuse to go along with her boss‘s needs. At the same time, the victim might also fear of her reputation will be affect if this incident has spread out to the public.
Cape Gateway (2005) also provides a few causes of sexual harassment. One of the causes of sexual harassment is socialization. They have claimed that the way of people brought up will strongly affect their behavior. From this site, they have given an example such as the way of women‘s dress up which will also caused sexual harassment. The dressed up sexily women are the ones who create an image or impression to other colleagues to invite sexual advanced at work.
Last but not least, Cape Gateway (2005) also claims that more companies are lack of policy in sexual harassment especially in South Africa. They also provide information about there is many companies don‘t have a clear policies, disciplinary and procedures to deal with sexual harassment. Hence that, there are a lot of people doesn‘t know the seriousness of sexual harassment and the penalty.
THE FOUR-FACTOR MODEL OF SEXUAL HARASSMENT As each of the theoretical explanations presented above is confined to one aspect of sexual harassment, some researchers (e.g. O'Hare & O'Donohue, 1998; Fitzgerald et al., 1997) have instead incorporated several measurable factors in their models of sexual harassment. This is deemed more comprehensive and realistic as it covers the sociocultural, organizational and individual causes of sexual harassment. This study utilizes the four-factor model developed by O'Hare and O'Donohue (1998) to identify the risk factors of sexual harassment. Such a multifaceted approach is necessary in view of the sociocultural differences among the three main ethnic groups – Malays, Chinese, Indians/others – of Malaysian workers. For example, certain forms of sexual behavior may be considered harassment by one group but non-offensive by THE FOUR-FACTOR MODEL OF SEXUAL HARASSMENT As each of the theoretical explanations presented above is confined to one aspect of sexual harassment, some researchers (e.g. O'Hare & O'Donohue, 1998; Fitzgerald et al., 1997) have instead incorporated several measurable factors in their models of sexual harassment. This is deemed more comprehensive and realistic as it covers the sociocultural, organizational and individual causes of sexual harassment. This study utilizes the four-factor model developed by O'Hare and O'Donohue (1998) to identify the risk factors of sexual harassment. Such a multifaceted approach is necessary in view of the sociocultural differences among the three main ethnic groups – Malays, Chinese, Indians/others – of Malaysian workers. For example, certain forms of sexual behavior may be considered harassment by one group but non-offensive by
be tempted to establish social or sexual relationships with their female co-workers, or give unwanted sexual attention. Thus, it is hypothesized that women who are physically attractive will be more likely to experience sexual harassment compared to those who are less attractive. Factor 2: Overcoming internal inhibitions against harassment This factor refers to the values, such as morality and sympathy, of the harasser. An individual with low moral values may not regard harassment as seriously wrong or immoral, and thus feels uninhibited from sexually harassing someone else. Hence the absence of good values could be a contributory factor to sexual harassment. However, as this study focuses on the kinds of behavior (e.g. offensive jokes or remarks, unwanted sexual attention, and display of sexist materials) experienced by female workers from their male colleagues, Factor 2 which relates to the harasser is not included. Factor 3: Overcoming external inhibitions against harassment. Several external factors present in the working environment could contribute to sexual harassment in the workplace. These include:
Privacy of workspace A working environment with much privacy provides a greater opportunity for harassment since their co-workers are less likely to witness the harassment. Therefore it is hypothesized that women who are working in highly private environments are more likely to experience harassment than those whose workspace are more open. Knowledge of grievance procedure Organizations with proper grievance procedures and policies for sexual harassment are expected to report a lower incidence of harassment. This is because such a system, if formally instituted, with punishments duly meted out to offenders, would serve to deter potential harassers. Sexist attitudes Organizations are more likely to report higher levels of sexual harassment if sexist attitudes prevail, as female employees are perceived as sex objects and as inferior to males. Unprofessional working environment
A working environment characterized by vulgarism, alcohol consumption, disrespect among employees, and employee involvement in non-work activities, would facilitate sexual harassment. It is hypothesized that women who work in an unprofessional climate have a greater tendency to suffer harassment compared to those in a more professional environment. Skewed gender ratios
A staff strength with an extremely unbalanced ratio of males to females is expected to report more cases of sexual harassment. This is consistent with the sex-role spillover model where the work role of women workers in a highly skewed sex distribution will
be outweighed by their sex role. Factor 4: Overcoming victim resistance This factor refers to the ability of a victim to recognize and in turn stop any behavior towards harassment. The related variables are sex-role and the job status of the victim.
The sex-role factor assesses the extent of masculinity or femininity of a victim based on the traditional stereotyped masculine and feminine personality traits. Women who exhibit more of the feminine traits are expected to be subjected to more harassment than those who fall under the masculine category. Regarding job status, it is hypothesized that women employees who hold lower positions with less power and authority are more likely to experience sexual harassment. This is because any resistance on their part could be met by threats of retaliation for not being cooperative, or by promises of reward for engaging in sexual behavior.