Sexual harassment as defined by The U.S. Equal Employment Opportunity Commission
(EEOC) in its guidelines is:
‘’Unwelcome sexual advances, requests for sexual favours, and
other verbal or physical conduct of a sexual nature when:
·
Submission to
such conduct is made either explicitly or implicitly a term or condition of an
individual's employment, or
·
Submission to or
rejection of such conduct by an individual is used as a basis for employment
decisions affecting such individual, or
·
Such conduct has
the purpose or effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or offensive working
environment.’’
Unwelcome Behaviour is the
critical word. Unwelcome does not mean "involuntary".
A victim may consent or agree to certain conduct and actively
participate in it even though it is offensive and objectionable. Therefore,
sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome.
Whether the person in fact welcomed a request for a date, sex-oriented comment,
or joke depends on all the circumstances.
Here are some examples of what constitute sexual harassment:
· Actual or attempted rape
or sexual assault.
· Unwanted pressure for
sexual favours.
· Unwanted deliberate
touching, leaning over, cornering, or pinching.
· Unwanted sexual looks or
gestures.
· Unwanted letters,
telephone calls, or materials of a sexual nature.
· Unwanted pressure for
dates.
· Unwanted sexual teasing,
jokes, remarks, or questions.
· Referring to an adult as
a girl, hunk, doll, babe, or honey.
· Whistling at someone.
· Cat calls.
· Sexual comments.
· Turning work discussions
to sexual topics.
· Sexual innuendos or
stories.
· Asking about sexual
fantasies, preferences, or history.
· Personal questions about
social or sexual life.
· Sexual comments about a
person's clothing, anatomy, or looks.
· Kissing sounds, howling,
and smacking lips.
· Telling lies or spreading
rumours about a person's personal sex life.
· Neck massage.
· Touching an employee's
clothing, hair, or body.
· Giving personal gifts.
· Hanging around a person.
· Hugging, kissing,
patting, or stroking.
· Touching or rubbing
oneself sexually around another person.
· Standing close or
brushing up against a person.
· Looking a person up and
down (elevator eyes).
· Sexually suggestive
signals.
· Facial expressions,
winking, throwing kisses, or licking lips.
·
Making sexual gestures with hands or through body movements.
While a significant number of women in Africa are in
the workforce, little is known about the extent to which sexual harassment
persists in the workplace, the kinds of actions that are taken when it occurs
and whether working women are even aware of possible actions they can take. The
small amount of available evidence suggests that sexual harassment in the workplace
continues to be a common occurrence, typically perpetrated by a person in a
position of authority; the majority of women do not take action or lodge an
official complaint for fear of being dismissed, losing their reputation or
facing hostility or social stigma in the workplace.
By and large, the topic of sexual harassment is
initially met with discomfort, denial and fear of reprisals and some judgmental
attitudes about women provoking the incident. At the same time, further probing
suggested that women perceived sexual harassment as normal behaviour, an
occupational hazard, and even harmless.
Sexual
harassment as “normal” and “harmless
Many women view sexual harassment to be a normal and
harmless practice, a natural part of a working woman’s life and rarely an issue
requiring complaint or action.
These are some responses from a study done amongst
137 healthcare personnel in Kolkata, India.
“Women will study and enter various professions. And
then men will behave in this manner [smiling]. We have accepted this is how
things will continue.”
(Doctor, age 30, government hospital)
“Only a few do this [unwanted touching] so it does
not matter”.
(Doctor, age 25, government hospital)
“This is harmless fun that they have… it will stop
with time”.
(Doctor, age 35, private hospital)
Discomfort, denial and fear
Exploring the topic of sexual harassment in the
workplace was a challenging task. A vast majority of women don’t want to
discuss the issue. Their discomfort in addressing the topic is evident from the
fact that most women who have been harassed in one way or the other refer to it
as “that thing”.
Many of them are initially reluctant to discuss the
issue of sexual harassment and many denied that incidents of harassment
occurred at their current workplace.
Also, some women have fears about discussing sexual
harassment for fear of losing their jobs. For example, women employed on daily
wages or on contract are particularly reluctant to engage on this issue. They
say that sexual harassment was not a priority (compared to obtaining permanent
employment).
Women
blaming women
By far the most puzzling is the fact that some women
have suggested that while sexual harassment at work is provoked by the woman
herself, with statements like “if a woman says there is sexual harassment, then
I will find out about her behaviour or her dressing”.
Despite the number of women are being sexually
harassed at work, few women ever take and complain to their supervisors or to
management. Actions taken in these cases were, by and large, indirect and
rarely involved confronting the perpetrator or taking action to dismiss the
perpetuator.
A variety of reasons appeared to endorse a culture
of silence and denial. Most women were not aware of the guidelines and
complaints mechanisms/formal institutions of redress. Many feared attitudes
that would blame them for provoking an incident or feared the loss of their
reputation as a result of complaining. They also recognised their relatively powerless
positions and feared job-related discrimination, including dismissal, and
withholding of promotions and income.
There is no excuse or rationalisation for sexual
harassment in the workplace. It is wrong and women all around must wake up to
the fact that it is an infringement on their human rights. They need to
understand what constitutes harassment and adopt a no-tolerance approach to it,
and seek redress, and above all, they should never blame themselves or other
women for any acts of sexual harassment.
BY CHARLES AKHIMIEN
i totally agree with you
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